THE LAWS and ACTS Made in the FIFTH SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN WILLIAM By the Grace of GOD KING of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden and Begun at EDINBVRGH May 9. 1695. By JOHN Marquess of Tweeddale Earl of Gifford Viscount of Walden Lord Hay of Yester and Lord High Chancellor of this Kingdom His Majesties High Commissioner for Holding the same By Vertue of a COMMISSION under His Majesties Great Seal of this Kingdom With the special Advice and Consent of the Estates of Parliament Collected and Extracted from the Registers and Records of Parliament by GEORGE Viscount of Tarbat Lord M cLeod and Castlehaven c. Clerk to His Majesties Councils Exchequer Registers and Rolls c. EDINBVRGH Printed by the Heirs and Successors of Andrew Anderson Printer to His most Excellent Majesty Anno DOMINI 1695. CVM PRIVILEGIO LAWS and ACTS Made in the FIFTH SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN WILLIAM By the Grace of GOD KING of SCOTLAND ENGLAND FRANCE and IRELAND Defender of the Faith Holden at EDINBVRGH the 9 Day of May 1695. I. ACT For a Solemn Fast. May 16. 1695. THE ESTATES OF PARLIAMENT taking to their Consideration the great Important War wherein His MAJESTY continueth to be necessarly Engaged for Defence of the True Reformed Religion the Safety of this and His other Kingdoms and the Recovery and Establishment of the Rights Liberties and Peace of the rest of Christendom so much at this time Invaded and Disturbed with the continual Hazards to which His Majesties Sacred Person is thereby exposed As likewise the Dangers which do thence threaten this Kingdom and all that can be dear to his Majesties good Subjects therein either as Christians or Men both by Invasion from abroad and the froward Disaffection and restless Machinations of evil and unnatural Countrey-men at home And how much it is the Duty and Interest of all good Men for these Causes and on this Occasion to implore the Mercy Favour and Blessing of Almighty GOD for Preservation of His Majesties Royal Person and Directing Assisting and Prospering Him in all His Counsels and Undertakings And more especially that GOD would countenance and assist Him in the present War give Him Success to His Arms by Sea and Land and defeat all the Designs Counsels and Practices of His secret and open Enemies both at home and abroad for the Preservation of the True Protestant Religion securing the Safety of these Kingdoms and the happy restoring the Peace of Europe And the Synod of Lothian and Tweeddale now met at Edinburgh having made Application to my Lord Commissioner for this end Therefore His Majesty with Advice and Consent of the said Estates of Parliament doth hereby Command and Appoint that the second Thursday of Iune next being the thirteenth day of the said Moneth be set apart as a day of Solemn Fasting and Humiliation for making Prayers and Supplications to GOD for the Ends above-mentioned and that the said day be Religiously and Strictly Observed by all Persons within this Kingdom And Ordains all Ministers to read these presents publickly in their Congregations a Sunday at least before the said second Thursday of Iune next appointed for keeping the said Fast Certifying such of the Leidges who shal not give due Obedience or shal Contemn or Neglect the Keeping and Observing the said Day and Duties that they shal be proceeded against by Fyning not exceeding One hundred Pounds Scots Money And Warrands and Commands the Sheriffs Stewarts of Stewartries Lords and Baillies of Regalities and their Deputs Justices of Peace Magistrats of Burghs within their several Jurisdictions to proceed against the Persons guilty and exact the Fines accordingly to be applyed the one half to the Judge and the other half to the Poor of the Paroch And certifying such Ministers as shal fail in their Duty in not Reading this Proclamation and observing the Duties therein prescribed they shal be processed before the Lords of His Majesties Privy Council And hereby requires all Sheriffs Stewarts Lords and Baillies of Regalities and their Deputs Justices of Peace Magistrats of Burghs and their Clerks to make Report to the Lords of His Majesties Privy Council of these Ministers who shal fail of their Duty herein And Ordains these Presents to be Printed and Published at the Mercat Cross of Edinburgh and hail remanent Mercat Orosses of the Head Burghs of the several Shires and Stewartries within this Kingdom that none may pretend Ignorance And that Copies be dispatched in the usual manner to the Sheriffs and Stewarts Baillies of Regalities or their Deputs and Magistrats of Burghs as likewise to all Ministers that they may seriously exhort all Persons to a sincere and devout Observance of the Premisses II. ACT Regulating Citations before the Parliament May 28 1695. HIS MAJESTY with the Advice and Consent of the Estates of Parliament finding it necessary that the order of summonding privat Parties to appear before them be cleared and regulat Do therefore STATUTE and ORDAIN that the manner of summonding privat Parties in Actions raised either before or during the sitting of the Parliament shal be for hereafter and from the Day and Date hereof in this manner viz. That in prosecution of Protests for remeid of Law the Party at whose instance Summonds is to be granted may give in his Bill containing the matter of his Cause or Complaint Signed by himself or an Advocat for him which being subscribed by one of the six Clerks of Parliament and presented before the sitting of the Parliament to any of the Officers of State or the time of the sitting of the Parliament to the Lord Chancellor or President of the Parliament for the time or any of the said Officers of State the same may be by them past in Course and that as to all other Causes that may be brought before the Parliament Summonds and Warrands for Citation shal for hereafter only be granted by deliverance either of Parliament in time of Parliament or of the Lords of Session upon a summar Citation to abide neither Continuation or Roll in praesentia in the Recesses and Intervalls of Parliament upon a Bill containing Subscribed and Presented as above and no otherwise which Warrands for Citation being granted Summonds in his Majesties Name shal be thereon directed to Macers if the Party cited be within the Town of Edinburgh for summonding the said Party if within the said Town of Edinburgh on fourty eight hours and if elsewhere within the Kingdom excepting Orkney and Zetland upon fifteen days warning or if in Orkney or Zetland upon fourty days personally or at his dwelling House or if without the Kingdom upon sixty days warning at the Mercat Cross of Edinburgh and Peer and Shoar of Leith to compear before His Majesty and the said Estates of Parliament where and when the Parliament shal be appointed to meet or shal be met for the time with
New-Duty per 100 Weight 03 00 00 Item On Soap imported of New-Duty per Barrel 02 00 00 Item On all sorts of Wrought Silks Silk-Plushes Stockings of New-Duty per pound weight 01 10 00 Item On all sorts of Silks wrought of Gold and Silver per pound weight of New-Duty 03 00 00 Item On all Silver and Gold Fringes Silver and Gold Laces Gallouns and Embroideries imported per pound weight of New-Duty 03 00 00 Item On all Forraign Laces and Points imported of New-Dutty Ten per Cent value Item On all Forraign Woollen Cloath imported of New-Duty per Eln 00 12 00 Item On all Forraign Sarges and Worsted-Stuffs imported of New-Duty per Eln 00 06 00 Item On all Forraign Flannels Fingrums of New-Duty per Eln 00 04 00 Item On all Linen-Cloath imported from Forraign Countries of New-Duty per whole Piece at 36 Elns 12 00 00 Item On the Half-Piece of Forraign imported Linen-Cloath of New-Duty 06 00 00 Item On all Silesia-Linnen of New-Duty per Piece being 5 Elns 01 00 00 Item On all Threed imported of New-Duty five per Cent value Which Duties and Customs above specified Our Soveraign Lord with Advice and Consent of the Estates of Parliament Statute and Ordain to be payed by all Merchants and other Importers of the said Forraign Commodities in the same manner as the other Duties to which they were formerly lyable And Ordains all Farmers Collectors Surveyers and others to In-gather the same and that after the same manner they do His Majesties other Duties upon Forraign imported Commodities and that from and after the Term of Martinmass 1696 years And hereby Discharges the said Collectors Farmers Surveyers and other In-bringers of His Majesties Customs to Transact Abate or allow of any Defalcation of the Additional Duties above-specified under the pain of Deprivation of their Offices and losing the Benefite of their Tacks XXXV ACT Anent burying in Scots Linen Iuly 17. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament for the better improvement of the Manufactory of Linen within the Kingdom and restraining the Import of all Forraign Linen Doth hereby Ratify and Approve the sixteenth Act of the Parliament 1686 Intituled Act for burying in Scots Linen in the hail Heads and Articles thereof Ordaining the same to be put to strict Execution in all Points with this Addition that none presume to cause bury any in Scots Linen in value above Twenty Shilling Scots per Ell under the same pains set down in the foresaid Act against burying in Forraign Linen And for the better discovery of the said Transgression and Execution of the foresaid Act and the Addition hereby made to it His Majesty with Consent foresaid Statutes and Ordains That the nearest Elder or Deacon of the Parish with one Neighbour or two be called by the Persons concerned and present to the putting of the dead Corps in the Coffin that they may see the same done and that the foresaid Act with this present Addition is observed and subscribe the Certificat mentioned in the foresaid Act and that whatever Relation or other Friends of the Defunct present and having the Charge of the burying shal either fail in observing the foresaid Act with this Addition or to call the Elder or Deacon with such Neighbours as may be Witnesses or to send and give in the Certificat appointed by the said Act he or they shal be holden as Transgressours and lyable in the Pains thereof which Pains are also hereby intirely applyed and given to the Poor of the Parish and any Elder or Deacon of the Parish is impowered to pursue for the same for their use nor shal any Pursuit for the said Fines be Advocat from the Inferiour Judge Competent nor any Sist of Process given nor shal any Decreet therefore be Suspended but upon Discharge or Consignation allanerly And it is further hereby Statute That it shal not be leisom to any Person to make or sew any sort of dead Linen contrair to the foresaid Act and this present Addition under the pain of Fourty Merks toties quoties for the use of the Poor as said is XXXVI ACT Anent the Skinners Iuly 17. 1695. OUR SOVERAIGN LORD the KINGS MAJESTY with Advice and Consent of the Estates of Parliament in pursuance of the many Good Acts made for the setting up and maintaining of Manufactories and particularly of the Act 1661 Intituled Act for Erecting of Manufactories and for the greater Incouragement of the Skinners of this Kingdom towards the improvement of the Native Commodities of Wild-Skins and Lamb Skins and the Art of that Craft Do hereby Discharge all and every Person whatsomever Native or Stranger to Export out of this Kingdom any Wild-Skins such as Wild-hyds Dae and Rae Roe and Roe-Buck and Kid with the Hair upon them until they be made in Work or dressed Leather to the good of the Kingdom As also His Majesty with Advice and Consent foresaid Discharges all and every Person Native or Stranger to import any Forraign made Gloves of whatsomever sort Certifying such as shal do in the contrair either by Export or Import as said is that they shal not only forefault the foresaids Goods exported or imported or the just value thereof the one half to His Majesty and the other half to the Informer who shal prosecute the same before His Majesties Exchequer but also be furder lyable to such Pecunial Fines or other Punishments as the Lords of His Majesties Exchequer shal think fit to inflict Declaring that this Act shal commence and take effect after the first day of August next to come and impowering the saids Skinners and any Merchands or any others concerned with concurse of a Magistrat to search for and make seizure of the foresaid Goods hereby prohibited to be exported or imported For the more effectual Execution of the Premises and for the better Improvement of the said Skins Our Soveraign Lord hereby Ratifies and Approves the Act made be the Convention of Burrows anent the sufficiency of Skins and Ordains the Magistrats of all Burghs to put the said Act to due execution in all Points And Lastly it is hereby Declaired that the foresaid Act of Parliament for Erecting of Manufactories and any allowance that may be therein given for the Manufactoring of the saids Skins shal be but prejudice to the Rights and Priviledges of the Craft and Incorporation of Skinners in all or any of the Burghs of this Kingdom XXXVII ACT Anent the Iusticiary of the Highlands Iuly 17. 1695. OUR SOVERAIGN LORD Considering That there was an Act of Parliament made in the year 1693 for the Justiciary in the Highlands Declaring That His Majesty by vertue of His Prerogative Royal might grant Commissions of Justiciary for the said Bounds with all Power necessary and usual Excepting thence from the Bounds lying within the Heretable Right of Justiciary General pertaining to the Earl of Argile or any other Person providing nevertheless that the foresaids Persons whose
Forraign Trade conform to an Act made in their Favours in this present Session of Parliament Intituled Act for a Company Tradeing to Affrica and the Indies doeth hereby Statute and Declare that it shall be Leisum to the Magistrats and others the Administrators of the Common Good of Burghs As also to the Deacon Masters and other Administrators whatsoever of any Incorporation or Body or Company Incorporat or Collegiat within this Kingdom to Adventure and put in Money belonging to their respective Administrations for a Share and Part to be Purchased to the saids Burghs and Incorporations in the said Company mentioned in the said Act bearing the name of the Company of Scotland Tradeing to Affrica and the Indies in the Manner and in the Terms provided within the said Act and that their putting in the Money of the said Burghs Incorporations under their Care and Charge and Adventuring the same in the said Company shall be repute and held for a Deed of lawful Administration and though the Success and Event thereof should happen not to be Prosperous yet it shall never be construed to be a Deed of Lesion against the said Administrators but their Acting in this Behalf is hereby Declared to be Lawful and Warrantable for the Security of the foresaid Persons in all Events XLIII ACT Anent the Poor Iuly 17. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament doeth hereby Ratifie Approve and Revive all Acts of Parliament and Acts and Proclamations of Council for Maintaining of the Poor and Repressing of Beggers and Ordains them to be put to Vigorous Execution in all Points And further Impowers the Lords of His Majesties Privy Council to take the most effectual Course to make the said Acts and Proclamation effectual conform to the true Design thereof XLIV ACT Salvo Jure Cujuslibet Iuly 17. 1695. OUR SOVERAIGN LORD Considering That there are several Acts and others Past and Made in this Session of Parliament in favours of particular Persons without Calling or Hearing of such as may be thereby Concerned and Prejudged Therefore His Majesty with Advice and Consent of the Estates of Parliament Statutes and Ordains That all such particular Acts and others past in manner foresaid shall not Prejudge say Third Party of their Lawful Rights nor of their Actions and Defences competent thereupon before the making of the said particular Acts And the Lords of Session and all other Judges within this Kingdom shall be Obliged to Judge betwixt Parties according to their several Rights standing in their Persons before the Making of the said Acts all which are hereby Expounded and Declared to have been Made Salvo Iure Cujuslibet XLV ACT Of Adjournment Iuly 17. 1695. THE KINGS MAJESTY Declares this Parliament currant and Adjourns the same to the Seventh Day of November next to come Ordaining all Members of Parliament Noblemen Commissioners from Shires and Burghs and all others having Interest to Attend at Edinburgh that Day at Ten a Clock and that there be no new Elections in Shires or Burghs except upon the Death of any of the present Commissioners Collected and Extracted from the Registers and Records of Parliament by TARBAT Cls. Registri A TABLE Of the Printed Acts. Page 1 ACT for a Solemn Fast. 1 2 Act Regulating Citations before the Parliament 3 3 Act Adjourning the Summer-Session till the first of Iuly 1695. 4 4 Act anent the Justice-Court 5 5 Act anent Principals and Cautioners 6 6 Act Regulating the Sale and Payment of Bankrupts Estates 7 7 Act for Six Months Supply upon the Land-Rent 8 8 Act for a Company Tradeing to Affrica and the Indies 17 9 Act Adjourning the Session till the first day of November 1695. 23 10 Act for Pole-money Ibid. 11 Act against Blasphemy 27 12 Act against Irregular Baptisms and Marriages 28 13 Act against Prophaneness 29 14 Act for Restraining the Prophanation of the Lords Days by keeping Weekly Mercats on Munday and Saturnday 30 15 Act for Encouragment of Preachers at Vacant Churches be-north Forth 31 16 Act anent the Ease of Annualrents Due by Persons Restored and anent the Creditors Diligence to be Used against them 32 17 Act anent the Mint 34 18 Act anent the Quorum of the Commission of the Teinds 35 19 Act anent the Duty on Scots Muslin 36 20 Act anent the Post-Office Ibid. 21 Explanatory Act anent the Excise of Brandy 39 22 Act against Intruding into Churches without a Legal Call and Admission thereto 40 23 Act anent Lands lying Run-rig 41 24 Act for Obviating the Frauds of appearand Heirs 42 25 Act anent the Repetition of Fines 44 26 Act Discharging Popish Persons to prejudge their Protestant Heirs in Succession 45 27 Act concerning the Church 46 28 Act for the Additional and Annexed Excises 48 29 Act for Continuing the Additional Excise till March 1667 with Three Months farder Cess 51 30 Act for Preservation of Meadows Lands and Pasturages lying adjacent to Sand-Hills 52 31 Act for turning the Tack of the Pole 1693 into a Collection Ibid. 32 Act for Encouraging the Exportation of Victual 55 33 Act for the Levies 56 34 Act for Additional Imposition upon Forraign Commodities Imported 58 35 Act anent burying in Scots-Linen 60 36 Act anent the Skinners 61 37 Act anent the Justiciary of the Highlands 62 38 Act concerning the dividing of Commonties 63 39 Act Discharging the Venting of Rumm 64 40 Act anent Letters Passing the Signet Ibid. 41 Act anent Executry and Movables 65 42 Act allowing the Administrators of the Common Good of Burrows to Adventure their Stock or any part thereof in the Company of Forraign Trade 66 43 Act for Reviving the Acts of Council made anent the Poor Ibid. 44 Act Salvo Iure Cujuslibet 67 45 Act of Adjournment Ibid. A TABLE Of the Acts and Ratifications past in the Fifth Session of His Majesties first Parliament which are not here Printed HIs Majesties Commission to Iohn Marquis of Tweeddule produced The Earl of Annandale named President to the Parliament Protestations several Noblemen for their Precedencies in the Rolls of Parliament Several Excuses offered for several absent Members and received His Majesties Letter appointing the Lord Yester to sit and Vote in Parliament in place of the Lord High Thesaurer His Majesties Letter to the Parliament Address of Condoleance for the Death of the Queen Act anent the Election of the Burgh of Anstruther-Easter An Address by the Parliament to His Majesties High Commissioner for transmitting their humble Thanks to His Majesty for ordering an Enquiry in the matter of Glenco Act anent the Lords of Session who are upon Committees Act in Favours of Evan M cgrigor Decreet Sir William Scot of Hardin against George M ckenzie of Rosebaugh Warrand the Shire of Clackmannan for a new Election Warrand for pursuing the Earl of Broadalbane Act for a General Contribution for relief of some Captives Recommendation in Favours of Mrs. Martin Decreet Sir Iames Ramsey and his Lady against the
Earl and Countess of Seaforth Act in Favours of Sir Thomas Livingston Decreet against Mr. Thomas Craven Mr. Andrew Burnet and Mr. Alexander Thomson Decreet the Earls of Roxburgh Haddington Galloway and others against the Earl of Lothian Decreet in favours of Mr. Thomas Skeen Protestation the Earl of Lothian against the Earl of Roxburgh and others Act in favours of the Kings Colledge of Old Aberdeen Decreet the Co-heirs of Carnock against Nicolson of Tilly-Cultry Act in favours of the Children of the first marriage of the Earl of Melfort Decreet of Forefaulture against the Earls of Midletonâ— Melfort and Sir Adam Blair Act in favours of Collonel Hill Reference the City of Edinburgh and Earl of Melvill Recommendation in favours of Sir David Carnegy of Pittarow Recommendation in favours of the Laird of Lundy Act in favours of Gilbert Meuzies of Pitfoddels Act in favours of Mr. Thomas Craven Mr. Andrew Burnet and Mr. Alexander Thomson Act and remit the Town of Edinburgh and AEneas M cleod Act in favours of Iames Lyel Act in favours of Sir Alexander Hope of Kerse and others Remit Process of Forefaulture against the Rebels in France depending before the Parliament to the Justice Court Order for apprehending Lieutenant Collonel Hamilton Order anent Mr. Alexander Barclay Act anent Mr. Bernard M ckenzie Order anent Mr. Gilbert Ramsey Act in favours of the Burgh of Cullen Order for re printing of the Act for the Supply Address to His Majesty anent the Slaughter of the Glencoe-men Protection in favours of the Glencoe-men Recommendation in favours of the Laird of Grant Act for a Manufactory of White-paper Order anent the Clerks and Collectors of Supply Act and remit the Laird of Rothemay and Abernethy of Mayens Act in favours of the Linen-manufactory Act in favours of the Lord Frazer Decreet Sir Iohn Dempster of Pitliver against the Earl and Countess of Seaforth Remit in favours of the Lady Dowager of Beilhaven Remit Clara and Patricia Ruthvens and Sir Alexander Hope of Kers Recommendation in favours of Alexander Duff of Braco Recommendation in favours of the Synod of Argile Recommendation in favours of the late Bishop of Argile Order and Warrand anent Iohn Dick and the Town of Stirling Recommendation in favours of Heriots Hospital Act in favours of the Laird of Hoptoun Act and Commission for reviseing the Laws Act in favours of His Majesties Advocat Act in favours of the Town of Air. Act in favours of the City of Aberdeen Act in favours of the Town of Irwin Act in favours of the Laird of Colloden Act in favours of the Earl Marischals Colledge of Aberdeen Recommendation in favours of Sir Thomas Stewart of Kirkfield Recommendation in favours of Sir Colin Campbel of Abberuchil Recommendation in favours of Duncan Forbes of Culloden Recommendation in favours of the Children of the first and second Marriage of Sir Andrew Dick. Recommendation in favours of Elizabeth Duncan and her Son Recommendation in favours of Mrs. Gillespy Recommendation in favours of Captain Walter Lockhart of Kirktoun Remit Mr. Iames Daâ—s and Iames Hay of Carribber to the Session Act and recommendation in favours of Iames Bain Remit in favours of Iames Crawfurd of Montquhanny Sir Thomas Kennedy and others Recommendation in favours of the Laird of Kilmaronock Remit in favours of the Laird of Glenkindy and Sir Adam Blair Remit Mr. Alexander Heggins and Iohn Callender Act in favours of George Baylie of Ierviswood Recommendation in favours of William Boig Recommendation in favours of the Laird of Culbin Order the City of Edinburgh and the Laird of Comistoun Act in favours of the Laird of Langtoun Act in favours of William Beatty Recommendation in favours of the Burgh of Fortross Recommendation in favours of Iohn Spotswood Decreet in favours of Mrs. Lilias Stewart Act in favours of Iames Curry late Provost of Edinburgh Act in favours of Comb-makers Act in favours of Alexander Fearn Act in favours of William Scot and Iohn Heislop Act anent the Earl of Broadalbane Recommendation in favours of the Macers and Keepers of the Parliament House Act in favours of Robert Douglass Act in favours of Iohn Adeir and Captain Slezer Act in favours of Whitefield Heyter and others Act in favours of the Heirs of Taylzie of Mauldsly Act for erecting a publick Bank Act in favours of the Burgh of Dysart Act in favours of the Burgh of Culross Acts for several Fairs and Weekly Mercats Act and Ratification in favours of Sir Iohn Hall of Dunglass Ratification in favours of the Chyrurgions and Chryurgion-Apothecaries of Edinburgh Protestation the Town of Edinburgh against the same Ratification in favours of the Nine Trades of Dundee Protestation the Walkers and Litsters of Dundee against the same Ratification in favours of the Burgh of Breichen Ratification in favours of the Candlemakers of Edinburgh Ratification in favours of the Walkers and Litsters of Dundee Protestation the Town and Trades of Dundee against the same Ratification in favours of Alexander Spittel of Leuchit Ratification in favours of the Piriwig-makers of Edinburgh Ratification in favours of Iames Lindsay of Dovehill Ratification in favours of the Cowpers of Glasgow Protestation the Town of Glasgow against the same Ratification in favours of William Raiâ—ly of Brunsfield Ratification in favours of the Laird of Rowallan Ratification in favours of Sir William Stewart of Castle-milk Ratification in favours of the Viscount of Tarbat Protestation the City of Edinburgh against the same Ratification in favours of Sir Iames Falconâ—r of Phâ—sdo Ratification in favours of William Cunningham Brother to Gilbertfield of the Lands of Kilbryde Ratification in favours of James Turner FINIS These are Allowing the Two Acts past in Parliament on the Twenty second Day of Iuly One thousand six hundred and ninety Years in Favours of Sir Patrick Home of Polwarth now Lord Polwarth to be Printed TARBAT Cls. Registri ACT Rescinding the Forefaulture of Sir Patrick Home of Polwarth Edinburgh Iuly 22. 1690. OUR SOVERAIGN LORD and LADY the KING and QUEENS Majesties and the ESTATES of PARLIAMENT Considering That the Meeting of the ESTATES of this Kingdom In the Claim of Right Dated the Eleventh of April One thousand six hundred eighty and nine years Have declared that the causing Pursue and Forefault Persons upon weak or frivolous Pretences or upon lame and defective Probation is contrary to Law And also that all Forefaultures are to be considered and the Parties laesed to be redressed And having considered the Process of Forefaulture led and deduced before the Three Estates of Parliament upon the twenty second of May One thousand six hundred eighty and five years against Sir Patrick Home of Polwarth in absence with the Decreet and Doom of Forefaulture following thereupon and that the Pretences insisted upon in the said Proces of Forefaulture against the said Sir Patrick Home Viz. His meeting with the deceast Mr. Robert Martine and other Persons at the Places therein Lybelled and discoursing with them of the extream Hazard that threatned
the Protestant Religion the Laws and Liberties of this Kingdom in case Iames then Duke of York would succeed to the Crown and of the Ways and Methods then talked of in England and such as might be taken in Scotland for preventing the same and for his exclusion from Succession to the Crown are weak and frivolous Pretences to infer the Crime of Treason As Likewise that the Probation waâ— lame defective seing it did confeâ—â— of the Depositions and Testimonies of Persons who a little before hade been accused of the same pretended Crimes and who after submission made and when their Lives and Fortunes were at the late Kings Mercy had predetermined themselves by their Confessions and Depositions then emitted For albeit they were secured as to their Lives when they deponed before the Parliament yet they having emitted their Declarations when they were under the fear and apprehension of being Forefaulted themselves and when they renewed their Confessions before the Parliament they could make no alteration unless they had declared themselves to be perjured they having only adhered to the very same Testimonies formerly emitted by them except the Earl of Tarras who depons of new and not upon his Declaration formerly emitted but proves nothing against the said Sir Patrick Home And also considering that there is nothing proven by the Witnesses in habit as they were against the said Sir Patrick of his being upon or privy to any Design or Contrivance against the Person and Life of King Charles the Second and that the Testimonies do not concur and agree in any particular Fact which by the Common Law or Custom could infer the Crime of Treason against the said Sir Patrick And likeways having considered the Act of Adjournal of the Justice Court of the date the day of One thousand six hundred eighty years upon which the said Sir Patrick Home was denounced Fugitive for not compearance and that there was no relaxation raised until a few Days before the dyet of Compearance in Parliament though neither he had the offer of an Indemnity nor was for the time in open Rebellion so that he had not tutus accessus and that the saids pretended Crimes lybelled in the said Act of Adjournal are the same contained in the foresaid Sentence of Forefaulture before the Parliament Therefore Their Majesties with Advice and Consent of the Estates of Parliament Do hereby by way of Justice Rescind Retreit Cass and Annull the foresaid Decreet and Sentence of Forefaulture pronounced against the said Sir Patrick Home and all Gifts of Forefaulture if any be granted by the late King Iames of the said Sir Patrick his Estate or any part thereof to any Person or Persons whatsomever And the foresaid Act of Adjournal with all that has followed or may follow thereupon And declares the said Decreet and Sentence of Forefaulture and Act of Adjournal to have been from the beginning to be now and in all time coming void null and of no avail force strength nor effect and restores the said Sir Patrick Home his Children and Posterity against the same in integrum and Rehabilitating them to their Blood-right and Benefit of Succession Name and Fame sick-like and as freely in all respects as if the said Decreet and Doom of Forfaulture had never been given nor pronounced Rescinding hereby the Act of Annexation of the said Sir Patrick his Estate to the Crown and dissolving the same therefrae As also Their Majesties with Consent foresaid Decerns and Ordains all the Intrometters with the Lands Rents Goods and Gear or other Estate moveable or immoveable pertaining and belonging to the said Sir Patrick Home to be lyable for and refound the famine to him his Heirs Executors or Assigneys and that Letters may be direct for that effect in Form as effeirs And their Majesties and Estates of Parliament Statute and Ordain that this present Act shal have full force strength and effect of a publick Law in favours of the said Sir Patrick Home and others aforesaid And it is hereby Declared That this present Act is and shal be understood to be excepted from the Act Salvo Iure to be past in this present Parliament ACT Dissolving Sir Patrick Home of Polwarth his Estate from the Crown Iuly 22. 1690. FOrasmuch as by an Act and Sentence of this present Parliament the Doom and Sentence of Forefaulture pronounced in anno One thousand six hundred eighty and five against Sir Patrick Home of Polwarth is ex Iustitia Reduced and Rescinded and that by an Act of the Sixteenth of Iune One thousand six hundred eighty and five the Estate and Lands belonging to the said Sir Patrick Home were formerly annexed to the Crown Which Act of annexation is now also by the said Act Reductive in his Favours Rescinded and declared void Therefore and for the said Sir Patrick his more full and effectual Restitution and without any derogation to the said Act Reductive in his Favours but accumulating Rights to Rights Our Soveraign Lord and Lady the King and Queens Majesties with Advice and Consent of the Estates of Parliament have dissolved and hereby dissolves from the Crown and Patrimony thereof the Lands and Barrony of Polwarth the Lands and Barrony of Grein-Law and Reid-Path with the Right of Patronages and whole Pertinents thereof And Lands of with all other Lands Rights and Estate pertaining to the said Sir Patrick Home and that in Favours of the said Sir Patrick himself that he may bruick and enjoy the same as if he himself had never been forefaulted or as if the saids Lands and Estate had never been annexed Declaring that this present Act shal have the strength and effect of a General Law and Act of Parliament and shal be al 's Valid and Effectual to the said Sir Patrick his Heirs and Successors for their Security of the whole Premisses as any other Act of Dissolution made and enacted at any time bygone in Favours of whatsomever Person and conform to all the Conditions required by Law in Acts of that Nature And farder that this present Act of Dissolution is and shal be understood to be excepted from the Act Salvo Iure to be past in this present Parliament Extracted furth of the Records of Parliament by George Viscount of Tarbat Lord M cLeod and Castlehaven c. Clerk to the Parliament and to his Majesties Councils Registers and Rolls
either principal Sum or by gone Annualrents or any part thereof or had his Lands Adjudged therefore before the said Revolution or having given a Bond or suffered Decreet before the Revolution hath made Payment or had his Lands Adjudged since the Revolution the foresaid Ease and Benefit granted in favours of the person Restored is no ways to be Obtruded against the Cautioner in that case As also It is hereby Statute and Ordained That where persons Restored have made Payment since the Revolution of any Annualrents for these years during which they were dispossest of their Estates it shall be leisume for them to retain al 's much in their own Hand of the principal Sums and Annualrents yet resting as extends to the foresaid Annualrents swa payed by them the Annualrents unpayed being always discounted in the first place and where the Debt is altogether payed the Party Restored shall by vertue of this Act have Action of Repetition against his Creditor for refounding the said Annualrents payed out by him for the years during which he was excluded from the Possession of his Estate by the Forfaulture Likeas His Majesty with Advice and Consent foresaid Statutes and Ordains That it shall be leisume to the Creditors of persons Restored by this Parliament to affect the Debitors Estate for payment of their principal Sums and Annualrents resting except such Annualrents whereof they are liberat by this present Act and that immediatly furth and after the Date hereof Discharging hereby all personal Execution against the persons Restored for payment of any principal Sums due by them before their Forfaulture till Whâ—â—sunday next to come in the Year of God One thousand six hundred and fourscore sixteen years after which all personal Diligence shall be competent against the persons Restored unless they dispone and put the Creditor in Possession of as much of their Estate whereof the Creditor is to have his Election except as to the House Park and Mains as will satisfie the principal Sum and Annualrents thereof resting and not hereby given down at the ordinar rate of the Countrey where the Lands ly and that free of Incumbrances which is to be done at the sight of the Lords of Session in a Suspension to be raised by the persons Restored upon the said offer redeemable nevertheless within the space of Five Years for payment of what is resting of the Creditors Debt discounting his Intromissions And Declaring always that how soon the Creditor shall be excluded from the possession of the saids Lands swa to be disponed to him by the person Restored It shall be leisume to the Creditor immediatly thereafter to use all manner of Diligence personal and real for recovering of his Debt for which the Lands were disponed to him Likeas His Majesty with Advice and Consent foresaid Statutes and Ordains That where a person Restored offering to dispone his Lands to his Creditors cannot purge and disburden the Lands offered of real Incumbrances by the sight of the Lords and put the Creditor in the free Possession thereof swa that he will be lyable to the personal Diligence of his Creditors after Whitsunday One thousand six hundred fourscore sixteen years that then if he demand the benefit of a Cessio bonorum the Lords of the Session are hereby allowed to grant the same to him upon his calling of his Creditors and making Faith and Disponing in the common Form without necessity of his being Imprisoned the time of raising or obtaining thereof or of wearing the Habit after obtaining of the same And likeways It is hereby Declared that where any person during the standing of the said Forfaulture now rescinded did Acquire any Debts due by the person Restored they shall have Action allannerly against the person Restored for the Sums truely payed out by them and Annualrent thereof and shal lose all benefit of their Compositions Eases And His Majesty and the Estates of Parliament Do hereby remit the Case of the deceast William Muir of Caldwell for Repetition of by-gone Rents and all other Cases of Forfault persons Restored depending before them to be Determined by the Lords of Session excepting such Cases wherein Reports have been prepared by the Commission for Fines and Forfaultures for the Parliament in which the Pursuer may at his Option futher Insist till the Decision thereof before the Parliament or Lords of the Session XVII ACT anent the Mint Iuly 5. 1695. OUR SOVERAIGN LORD considering that by the Act of Parliament One thousand six hundred and eighty six Intituled Act anent an humble Offer to his Majesty for an Imposition upon certain Commodities for defraying the Expense of a free Coinage and other matters relating to the Mint The foresaid Expense of a free Coinage and several matters relating to the Mint were indeed settled but neither so perfectly nor so fully as Experience hath since discovered but that there is still need and place for a further Regulation Doth therefore with Advice and Consent of the Estates of Parliament Statute and Ordain That notwithstanding it be recommended by the said Act to the Lords of His Majesties Privy Council to try by some of their Number every Journal of Coin by it self distinctly and that twice every year Viz. In the Month of Iuly and December yearly yet seing the foresaid distinct Tryal of every Journal hath been found both a tedious and superfluous Labour and is not practised any where else it shal be leisom for the said Lords of His Majesties Privy Council to make the said Tryal by such of their number as they shal think fit not of every Journal of Coin by it self distinctly but by taking and making Tryal of any one or more single Journals as they shal think fit and then to cause melt down in one Mass or Lignat the rest of the Journals to be at that time tried and to take an Essay of the Mass so melted down as said is which shal stand for the whole but prejudice always to the said Lords of Council to make distinct Tryals of the hail foresaid Journals as they shal see cause As also still recommending to them the exact Tryal of all Matters relating to the Coinage at the foresaid two times above-specified in manner mentioned in the said Act and that notwithstanding of the foresaid Act which is innovat in so far as the same is inconsistent with this present Act. XVIII ACT anent the Quorum of the Commission of Teinds Iuly 5. 1695. OUR SOVERAIGN LORD the Kings Majesty considering that there are many Actions depending before the Lords and others Commissioners for Plantation of Kirks and Valuation of Teinds which cannot be decided and determined in respect that the saids Commissioners have not met so frequently as was necessary by reason of the difficulties of getting a Quorum whereby the Leidges have been much prejudged for Remeiâ—ing whereof Our Soveraign Lord with Advice and Consent of the Estates of Parliament Statutes and Ordains That Seven Commissioners whereof one
the Paroch and a Legal Admission from the Presbytry within whose bounds the saids Churches lies As also to take some effectual Course for stopping and hindering these Ministers who are or shall be hereafter Deposed by the Judicatories of this present established Church from Preaching or Exercising any Act of their Ministerial Function which they cannot do after they are Deposed without a high Contempt of the Authority of the Church and of the Laws of the Kingdom establishing the same XXIII ACT Anent Lands lying Run-rig Iuly 5. 1695. OUR SOVERAIGN LORD and the Estates of Parliament taking into their Consideration the great Disadvantage arising to the whoâ—e Subjects from Lands lying run-rig and that the same is highly prejudicial to the Policy and Improvement of the Natioâ— by Planting and Inclosing conform to the several Laws and Acts of Parliament of before made thereanent For remeid His Majesty with the Advice and Consent of the said Estates Statutes and Ordains that wherever Lands of different Heretors ly run-rig it shall be Leisum to either Party to apply to the Sheriffs Stewarts and Lords of Regality or Justices of Peace of the several Shires where the Lands ly to the effect that these Lands may be divided according to their respective Interests who are hereby Appointed and Authorized for that effect and that after due and lawful Citation of all Parties concerned at an certain day to be prefixed by the said Judge or Judges It is always hereby Declared that the saids Judges in making the foresaid Division shall be and are hereby restricted so as special regard may be had to the Mansion-Houses of the respective Heretors and that there may be allowed and adjudged to them the respective parts of the Division as shall be most commodious to their respective Mansion-Houses and Policy and which shall not be applicable to the other adjacent Heretors As also it is hereby Provided and Declared that thir Presents shall not be extended to the Burrow and Incorporat Acres but that notwithstanding hereof the same shall remain with the Heretors to whom they do belong as if no such Act had been made XXIV ACT for Obviating the Frauds of appearand Heirs Iuly 10. 1695. OUR SOVERAIGN LORD Considering the frequent Frauds and Disappointments that Creditors do suffer upon the Decease of their Debitors and through the Contrivances of appearand Heirs in their prejudice For Remeid thereof and also for facilitating the Transmission of Heretage in Favours of both Heirs and Creditors His Majesty with Advice and Consent of the Estates of Parliament Statutes and Ordains That if any man since the first of Ianuary One thousand six hundred and sixty one have served or shal hereafter serve himself Heir or by Adjudication on his own Bond hath since the time foresaid succeeded or shal hereafter succeed not to his immediate Predecessor but to one remoter as passing by his Father to his Goodsire or the like then and in that Case he shal be lyable for the Debts and Deeds of the Person interjected to whom he was appearand Heir and who was in the Possession of the Lands and Estate to which he is served for the space of three years and that in so far as may extend to the value of the said Lands and Estate and no further deducing the Debts already payed As also with this order as to the time past that all the true and lawful Debts of the appearand Heir entering as said is and already contracted with the true and real Debts of the Predecessor to whom he enters shal be preferred in the first place As also His Majesty with Advice and Consent foresaid Statutes and Ordains That if any appearand Heir for hereafter shal without being lawfully served or entered Heir either enter to possess his Predecessors Estate or any part thereof or shal purchase by himself or any other to his Behoove any Right hereto or to any Legal Diligence or other Right affecting the same whether Redeemable or Irredeemable otherwise than the said Estate is exposed to a lawful publick Roup and as the highest Offerer thereat without any Collusion his foresaid Possession or Purchase shal be repute a behaviour as Heir and a sufficient passive Title to make him represent his Predecessor universally and to be lyable for all his Debts and Deeds sicklike as if the said appearand Heir possessing or purchasing as said is were lawfully served and entered Heir to his said Predecessor Declaring always Likeas it is hereby declared that the said appearand Heir may bring the said Estate to a Roup whether the Estate be Bankrupt or not And it is further Statute that where Rights or Legal Diligences affecting their Predecessors Estates shal be found settled in the Person of any such near Relation to whom the appearand Heir to the foresaid Predecessor may also succeed as Heir the appearand Heirs possessing by vertue of the said Rights and Diligences except upon Lawful Purchase by publick Roup as said is shal not only be a passive Title but the said Rights and Diligences in the Person of the said near Relation shal only be sustained as valid to exclude the Predecessors Creditors in so far as can be qualified and instructed that these Rights and Diligences were truly and honestly purchased for payment of Sums of Money and no further And moreover His Majesty with Advice and Consent foresaid Statutes and Ordains That for hereafter any appearand Heir shal have free liberty and access to enter to his Predecessors cum beneficio inventarii or upon Inventary as use is in Executories and Moveables allowing still to the said appearand Heir year and day to deliberate in which time he may make up the foresaid Inventary which he is to give up upon Oath full and particular as to all Lands Houses Annualrents or other Heretable Rights whatsoever to which the said appearand Heir may or pretends to succeed which Inventary to be subscribed by him before Witnesses duly insert and designed shal be given in to the Clerk of the Sheriff Court of the Shire where the Defuncts Lands and Heretage lye or in case the Defunct had no Lands or Heretage requiring Seasin to the Clerk of the Shire where the Defunct deceased To which Inventary the Sheriff or Sheriff-Deput with the Clerk of the Court shal also subscribe in Judgement and record the same in their Registers and give Extracts thereof for all which the upgiver of the said Inventary shal pay no more to the Court and Clerk thereof on any account than the ordinary price of Extracts in that Court for an extract of the said Inventary and this Inventary is to be given in recorded and extracted as said is within the said year and day to deliberat and thereafter the foresaid Extract thereof shal within fourty days after the expiration of the said year and day be again presented and registrated in the Books of Council and Session in a particular Register to be appointed by the Clerk Register for that effect
bounds were excepted should for the space of two years be obliged to grant Commissions to the same persons whom it should please his Majesty to Commissionat for their saids Bounds and Lands which two years being now near expired and it being necessary that the foresaids Commissions after their expiration should be renewed Therefore His Majesty with Advice and Consent foresaid Does hereby prorogate the foresaid Provision to the effect and in the Terms aftermentioned viz. That when the Commissions are granted by His Majesty for the necessary repressing of the Depredations and Robberies so frequently committed in the Highlands for the saids Bounds not above excepted the foresaids Persons having Right to the said Heretable Justiciaries General shal grant ample Commissions for their respective Bounds at the same time and to the same Persons at least to so many of them as are willing to act by vertue of the saids Justiciaries Commissions to the effect the saids Commissioners acting unanimously within any part of the whole foresaid Bounds the saids Crimes may be the more effectually punished and restrained and that these Commissions may and shal be granted as said is for the space of three years which is to begin after the present Commission granted by His Majesty is expired Which Commissions shal continue all Powers necessary and usual in Commissions of Justiciary without prejudice always to the whole foresaid Persons and Lords of Regality and all others of their several respective Rights and Jurisdictions and also reserving the Right of Prevention and the Right of Casualities and Escheats in manner provided in the said Act. XXXVIII ACT Concerning the Dividing of Commonties Iuly 17. 1695. OUR SOVERAIGN LORD With Advice and Consent of the ESTATES OF PARLIAMENT for preventing the Discords that arise about Commonties and for the more easie and expedit Deciding thereof in time coming STATUTS and ORDAINS That all Commonties Excepting the Commonties belonging to the KING and Royal-Burrows that is all that belongs to His MAJESTY in Property or Royal-Burrows in Burgage may be divided at the Instance of any having Interest by Summons raised against all Persons concerned before the Lords of Sessionâ— who are hereby Impowered to discuss the Relevancy and to determine upon the Rights and Interests of all Parties concerned and to value and divide the same according to the value of the Rights and Interests of the several Parties concerned and to grant Commissions to Sheriffs Stewarts Baillies of Regality and their Deputs Justices of Peace or others for perambulating and taking all other necessary Probation which Commissions shal be reported to the saids Lords and the said Processes ultimatly Determined by them And where Mosses shal happen to be in the said Commonties with Power to the said Lords to divide the said Mosses amongst the several Parties having Interest therein in manner foresaid or in case it be instructed to the said Lords that the said Mosses cannot be conveniently divided His MAJESTY with Consent foresaid Statuts and Declares that the said Mosses shal remain Common with free Ish and Entry thereto whether divided or not Declaring also that the Interest of the Heretors having Right in the said Commonties shal be estimat according to the Valuation of their respective Lands or Properties and which Divisions are appointed to be made of that part of the Commonty that is next adjacent to each Heretors Property XXXIX ACT Discharging the Venting of Rum Iuly 17. 1695. OUR SOVERAIGN LORD Considering that the Brandy commonly called Rum made of Molossus does hinder the Consumpt of strong Waters made of Malt which is the Native Product of this Kingdom As also that the said Rum is rather a Drug than Liquor and highly prejudicial to the Health of all who drink it Therefore His Majesty with Advice and Consent of the Estates of Parliament Prohibits and Discharges the making of Rum except allenarly for Export Certifying the Contraveeners that they shal lose and amit their Priviledges granted to them as Manufactories and be otherways punished as the Lords of Privy Council think fit XL. ACT Anent Letters Passing the Signet Iuly 17. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament for Reviving and Preserving the good Order that ought to be kept in the Passing of Writs under the Signet Statutes and Ordains that all Writs Passing under the Signet called the Signet of the Lords of Session be Subscribed by a Writer as Clerk to the said Signet Excepting allanerly herefrom Letters of Diligence in Processes before the Session and Letters of Citation before the Parliament which are to be Subscribed by the Clerks of Session And His Majesty with Advice foresaid Prohibits the Keeper of the said Signet to affix the same to any Letters not Subscribed as above any Custom or Practice in the contrary notwithstanding and that as he will be answerable upon his Peril XLI ACT Anent Executry and Moveables Iuly 17. 1695. OUR SOVERAIGN LORD Considering that the Law is Defective as to the Affecting with Legal Diligence the Moveable Estate which pertained to a Defunct either for his own or his nearest of Kins Debt in such manner as a Defuncts heretage may be affected by Charging to Enter Heir in the known manner Doth therefore with Advice and Consent of the Estates of Parliament Statute and Ordain that in the case of a Moveable Estate left by a Defunct and falling to his nearest of Kin who lyes out and doth not confirm the Creditors of the nearest of Kin may either require the Procurator-Fiscal to Confirm and Assign to them under the Peril and Pain of his being lyable for the Debt if he refuse or they may obtain themselves Decerned Executors Dative to the Defunct as if they were Creditors to him With this Provision always that the Creditors of the Defunct doing Diligence to affect the said Moveable Estate within year and day of their Debitors Decease shall always be preferred to the Diligence of the said nearest of Kin. And it is further Declared that in the case of any Depending Cause or Claim against a Defunct the time of his Decease it shall be Leisum to the Pursuer of the said Cause or Claim to Charge the Defuncts nearest of Kin to Confirm Executor to him within twenty days after the Charge given which Charge so execute shall be a Passive Title against the Person Charged as if he were a Vitious Intromettor unless he Renunce and then the Charger may proceed to have his Debt constitute and the Haereditas Iacens of Moveables Declared lyable by a Decreet Cognitionis Causa upon the obtaining whereof he may be Decerned Executor Dative to the Defunct and so affect his Moveables in the common Form XLII ACT Allowing the Administrators of the Common Good of Burrows to Adventure their Stocks or any part thereof in the Company of Forraign Trade Iuly 17. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament for the Encouragement of the Undertakers for
continuation of days and with certification And also for summonding of Witnesses as is usual before the Lords of Council and Session which Summonds to be expede by deliverance as said is shal pass under the Signet of the Session and the Party at whose instance the same is raised shal pay to the Clerk of Parliament or Session aforesaid for writing and subscribing of the Bill and Letters the Sum of twelve Pound Scots and no more on any pretence whatsoever and for affixing the Signet the Sum of three Pounds Scots and no more Declaring that if any Adjournment of Parliament one or more shal happen to interveen betwixt the giving of Citations in manner foresaid and the day of Compearance the foresaid Summonds shal nevertheless still stand in force for obliging the Parties and Witnesses summoned to compear at the day to which the Parliament shal be adjourned and when ever the same shal first meet And furder it is hereby declared that at the said day of Compearance before the Parliament being so met or any other lawful day thereafter it shal be leasome to the Clerks of Parliament at the desire of the Party pursuer to call the foresaid Summonds after the opening of the House and before the sitting down of the Parliament at the patent Gate of the Parliament-house and if the Party summoned compear to mark the same that the Summonds with the Executions and the other Peices produced by the Pursuer may be given out to see and answer to the effect the same may be seen and returned within six days in the Common Form and so the Cause or Complaint may be ready prepared for the Parliament to proceed therein when the same shal be again called in their presence providing always that no Decreets be given out in absence but upon special Application to and Sentence pronounced by the Parliament and no otherwise And excepting always from this Act all Summonds of Treason and for other publick Crimes and Executions and Processes thereupon which are to proceed as formerly And lastly providing that the foresaid Citations to be made by deliverance of the Lords of Session shal found no exception of Prejudiciality against any Party in any Action may be raised until the foresaid Citation be called before and sustained by the Parliament III. ACT Adjourning the Summer-Session till the first of July 1695. May 30. 1695. OUR SOVERAIGN LORD Considering that the sitting of the Parliament begun the ninth of May instant may continue for the Month of Iune next whereby the Leidges cannot attend the Summer Session in its ordinar time Do therefore with Advice and Consent of the Estates of Parliament Adjourn the Session which should be in course the first of June next to the first of Iuly next continowing all Actions and Causes depending before the Lords of Session to the said first of July And his Majesty dispenses in the mean time with the sitting of all inferior Courts as if the Session had not been adjourned and notwithstanding of the sitting of the Parliament And further Declares that the time and space to run betwixt the said first of Iune and the first of Iuly shall not be reckoned in any short Prescription And Ordains these Presents to be published at the Mercat-Cross of Edinburgh and to be forthwith Printed that the Leidges may be thereby certified thereof IV. ACT Anent the Iustice Court Iune 7 1695. OUR SOVERAIGN LORD for the better Regulating of the Justice Court and Facilitating and more sure Ordering of the Form and Method of Process therein used Do therefore with Advice and Consent of the Estates of Parliament Statute and Ordain that in all time coming the Use and Custom hitherto observed in that Court of Advocats or Procurators their Dictating and the Clerks writing of the Defences Duplies Triplies Quadruplies and so forth for the Defender and Pursuer be discharged and laid aside and that in place thereof His Majesties Advocat or other Advocats or Procurators for the Pursuer with the Advocats or Procurators for the Defender or Pannel debate the Relevancy viva voce and that after the said Dispute viva voce is ended then time be allowed by the Lords and Judges of the said Court to the effect after-mentioned and that the Kings Advocat or Advocats or Procurators for the Pursuer do within the space of fourty eight hours give in to the Clerk his Information in writing subscribed with his hand that the Advocats or Procurators for the Pannel may take it up and give in their Answers in writing also under their hands within other fourty eight hours which Information and Answers shall be by the Clerk recorded in the Books of Adjournal in place of the foresaid written Dispute formerly in use and then at the Advising the said Information and Answers shall be first read in open Court and if any thing be found new on either side and not noticed by the other Party the Parties or Judges shall point the same to the other Party concerned and hear both Parties thereon viva voce the Clerk Minuting in presence of and at sight of the said Judges what is so further Debated and then the said Judges shal proceed to the Advising And His Majesty with Advice and Consent foresaid Ratifies Approves and Confirms the whole Rights Powers and Priviledges of the said Court of Justice and of the Lord Justice General Lord Justice Clerk and other Judges and all other Members thereof And it is further hereby Statute and Ordained that in all capital Crimes wherein inferior Criminal Courts were hitherto restricted to try and execute within three Suns this time shall be hereafter restricted to the Tryal and Sentence only but not to the time of Execution which is hereby left to the Discretion of the Judge not exceeding nine days after Sentence V. ACT Anent Principals and Cautioners Iune 7. 1695. HIS MAJESTY and the Estates of Parliament Considering the great Hurt and Prejudice that hath befallen many Persons and Families and oft times to their utter Ruine and Undoing by mens Facility to engage as Cautioners for others who afterwards failing have left a growing Burden on their Cautioners without Relief Therefore and for Remeid thereof His Majesty with Advice foresaid Statutes and Ordains that no man binding and engaging for hereafter for and with another Conjunctly and Severally in any Bond or Contracts for Sums of Money shall be bound for the said Sums for longer than seven years after the date of the Bond but that from and after the said seven years the said Cautioner shall be eo ipso free of his Caution And that whoever is bound for another either as Express Cautioner or as Principal or Co-principal shall be understood to be a Cautioner to have the benefit of this Act Providing that he have either Clause of Relief in the Bond or a Bond of Relief apart intimat Personally to the Creditor at his receiving of the Bond without prejudice always to the true Principals being
Edinburgh Mr. Robert Blakewood and Iames Balfour Merchants in Edinburgh and Iohn Corss Merchant in Glasgow William Paterson Esquire Iames Fowlis David Nairn Esquires Thomas Deans Esquire Iames Cheisly Iohn Smith Thomas Coutes Hugh Frazer Ioseph Cohaine Daves Ovedo and Walter Stuart Merchants in London with such others as shal joyn with them within the space of twelve Moneths after the first day of August next and all others whom the foresaid Persons and these joyned with them or major part of them being assembled shal admit and joyn into their Joint-Stock and Trade who shal all be Repute as if herein originally insert to be one Body Incorporate and a free Incorporation with perpetual Succession by the Name of The Company of Scotland Trading to Affrica and the Indies Providing always Likeas it is hereby in the first place provided that of the Fond or Capital Stock that shall be agreed to be Advanced and Imployed by the foresaid Undertakers and their Co-partners the half at least shal be appointed and allotted for Scottish men within this Kingdom who shal enter and subscribe to the said Company before the first day of August one Thousand Six Hundred and Ninety Six Years And if it shall happen that Scots Men living within this Kingdom shal not betwixt and the foresaid Term subscribe for and make up the equal half of the said Fond or Capital Stock Then and in that case allannerly It shall be and is hereby allowed to Scots Men residing Abroad or to Forraigners to come in Subscribe and be assumed for the Superplus of the said half and no otherwise Likeas the Quota of every mans part of the said Stock whereupon he shal be capable to enter into the said Company whether he be Native or Forraigner shall be for the least one Hundred lib. Sterl And for the highest or greatest three Thousand lib. Sterl and no more directly nor indirectly in any sort with power to the said Company to have a common Seal and to alter and renew the same at their pleasure with advice always of the Lyon King at Arms as also to Plead and Sue and be Sued and to Purchass Acquire Possess and enjoy Lordships Lands Tenements or other Estate real or personal of whatsoever nature or quality and to dispose upon and alienate the same or any part thereof at their pleasure and that by Transferrs and Assignment made and entered in their Books and Records without any other formality of Law Providing always that such Shares as are first Subscribed for by Scots Men within this Kingdom shal not be alienable to any other than Scots Men living within this Kingdom That the foresaid Transfers and Convoyancies as to Lands and other real Estate when made of these only and a part be perfected according to the Laws of this Kingdom anent the convoyance of Lands and real Rights with power likewayes to the foresaid company by Subscriptions or otherways as they shall think fit to raise a joint Stock or capital Fond of such a sum or sums of Money and under and subject unto such Rules Conditions and Qualifications as by the foresaid Company or major part of them when assembled shal be limited and appointed to begin carry on and support their intended Trade of Navigation and whatever may contribute to the advancement thereof And it is hereby declared that the said joint Stock or capital Fond or any part thereof or any estate real or personal Ships Goods or other Effects of and belonging to the said Company shal not be lyable unto any manner of confiscation Seisure Forfaulture Attachment Arrest or Restraint for and by reason of any Embargo breach of Peace Letters of mark or reprisal Declaration of War with any forraign Prince Potentate or State or upon any other account or pretence whatsomever but shal only be transferable assignable or alienable in such way and manner and in such parts and Portions and under such restriction rules and conditions as the said Company shal by writing in and upon their Books Records and Registers direct and appoint and these Transfers and Assignments only and no other shal convoy the right and Property in and to the said joint Stock and capital Fond and effects thereof above-mentioned or any part of the samen Excepting always as is above-excepted and that the Creditors of any particular Member of the Company may by their real Diligence affect the share of the profit falling and pertaining to the Debitor without having any further Right or Power of the Debitors part and Interest in the Stock or capital Fond otherwise than is above-appointed and with this express provision that whatever charges the Company may be put to by the contending of any of their Members Deceased or of their Assigney Creditors or any other persons in their Rights The Company shal have retention of their Charges and Expenses in the first place and the Books Records and Registers of the said Company or authentick Abstracts or Extracts out of the same are hereby Declared to be good and sufficient for evidents in all Courts of Judicator and else where And His Majesty with Advice foresaid farder Statutes and Declares that the said Iohn Lord Beilhaven Adam Cockburn of Ormistoun Lord Justice Clerk Mr. Francis Montgomery of Giffen Sir Iohn Maxwel of Pollock Sir Robert Chiesly present Provost of Edinburgh Iohn Swintoun of that Ilk George Clark late Baillie of Edinburgh Mr. Robert Blakewood and Iames Balfour Merchants in Edinburgh and Iohn Corss Merchant in Glasgow William Paterson Esquire Iames Fowlis David Nairn Esquires Thomas Deans Esquire Iames Chiesly Iohn Smith Thomas Coutes Hugh Frazer Ioseph Cohaine Daves Ovedo and Walter Stuart Merchants in London and others to be joyned with or assumed by them in manner above-mentioned and their Successors or major part of them assembled in the said Company shall and may in all time coming by the plurality of Votes agree make constitute and ordain all such other Rules Ordinances and Constitutions as may be needful for the better Government and Improvement of their joynt Stock or capital Fond in all matters and things relateing thereunto To which Rules Ordinances and Constitutions all persons belonging to the said Company as well Directors as Members thereof Governours or other Officers Civil or Military or others whatsoever shall be subject and hereby concluded As also to administrat and take Oaths de fideli and others requisit to the management of the foresaid Stock and Company And the said Company is hereby impowered to Equipp Fit Set out Fraught and Navigat their own or hired Ships in such manner as they shall think fit and that for the space of ten years from the date hereof notwithstanding of the Act of Parliament one thousand six hundred and sixty one Years Intituled Act for encouraging of Shipping and Navigation where with His Majesty with Consent foresaid dispenses for the said time allanerly in favours of the said Company and that from any of the Ports or Places of
this Kingdom or from any other parts or places in Amity or not in Hostility with His Majesty in Warlike or other manner to any Lands Islands Countreys or Places in Asia Affrica or America and there to Plant Collonies build Cities Towns or Forts in or upon the places not Inhabited or in or upon any other place by consent of the Natives and Inhabitants thereof and not possest by any European Soveraign Potentate Prince or State and to provide and furnish the foresaid Places Cities Towns or Forts with Magazines Ordinances Arms Weapons Ammunition and stores of War and by force of Arms to de end their Trade and Navigation Collonies Cities Towns Forts and Plantations and other their effects whatsoever as also to make Reprisals and to seek and take Reparation of Damnage done by Sea or by Land and to make and conclude Treaties of Peace and Commerce with the Soveraigns Princes Estates Rulers Governours or Proprietors of the foresaid Lands Islands Countreys or Places in Asia Affrica or America Providing always Likeas It is hereby specially provided that all Ships imployed by them shall return to this Kingdom with their effects under the pain of Confiscation Forefaulture and Seizure of the Ship and Goods in case of breaking of Bulk before their Return excepting the case of Necessity for preserving the Ship Company and Loadning allanerly And His Majesty with Consent foresaid doth farder Statute and Ordain that none of the Leidges of this Kingdom shall or may Trade or Navigat to any Lands Islands Countreys or Places in Asia or Affrica in any time hereafter or in America for and during the space of thirty one years to be counted from the passing of this present Act without License and Permission in writing from the said Company Certifying all such as shall do in the contrair hereof that they shall Forefault and Omit the third part of the Ship or Ships and of the Cargo or Cargoes therein Imployed or the Value thereof the one hal to His Majesty as Escheat and the other half to the Use and Benefit of the said Company For the effectual Execution whereof it shall be lawful to the said Company or any Imployed by them to Seize the saids Ships and Goods in any place of Asia or Affrica or at Sea upon the Coasts of Asia or Affrica upon the transgression foresaid by force of Arms and at their own hand and that without the hazard of incurring any Crime or Delinquency whatsomever on account of the said Seizure or any thing necessarly done in Prosecution thereof excepting always and without prejudice to any of the Subjects of this Kingdom to Trade and Navigat During the said space to any part of America where the Collonies Plantations or Possessions of the said Company shall not be settled And it is further hereby Enacted that the said Company shal have the Free and Absolute Right and Property onely Relieving and Holding of His Majesty and His Successors in Soveraignity for the onely acknowledgment of their Allegeance and paying yearly a Hogshead of Tobacco in name of Blench-duty if required allanerly in and to all such Lands Islands Collonies Cities Towns Forts and Plantations that they shall come to Establish or Possess in manner foresaid As also to all manner of Treasures Wealth Riches Profits Mines Minerals Fishings with the whole Product and Benefit thereof as well under as above the Ground and as well in Rivers and Seas as in the Lands thereto belonging or from or by reason of the same in any sort together with the Right of Government and Admirality thereof and that the said Company may by vertue hereof grant and delegat such Rights Properties Powers and Imunities and permit and allow such sort of Trade Commerce and Navigation into their Plantations Collonies Cities Towns or Places of their Possession as the said Company from time to time shall judge fit and convenient VVith power to them to impose and exact such Customs and other Duties upon and from themselves and others Treading with and coming to the said Plantations Cities Towns Places and Ports and Harbours thereof as the Company shal think needful for the maintainance and other publick uses of the same Holding always and to hold the whole Premisses of His Majesty and his Successors Kings of Scotland as Soveraigns thereof and paying only for the same their acknowledgement and allegeance with a Hogshead of Tobacco yearly in name of Blench Duty if required for all other Duty Service Claim or Demand whatsomever With power and liberty to the said Company to Treat for and to procure and purchase such Rights Liberties Priviledges Exemptions and other Grants as may be convenient for supporting promoting and enlarging their Trade and Navigation from any foreign potentate or Prince whatsoever in amity with his Majesty for which the general Treaties of Peace and Commerce betwixt His Majesty and such Potentates Princes or States shal serve for sufficient Security Warrand and Authority and if contrair to the saids Rights Liberties Priviledges Exemptions Grants or Agreements any of the Ships Goods Merchandise Persons or other Effects whatsoever belonging to the said Company shal be slopt detained embazled or away taken or in any sort prejudged or damnified His Majesty promises to interpose his Authority to have restitution reparation and satisfaction made for the Dammage done and that upon the publick Charge which His Majesty shal cause depurse and lay out for that Effect And farder it is hereby Statute that all Ships Vessels Merchandise Goods and other Effects whatsoever belonging to the said Company shal be free of all manner of Restraints or Prohibitions and of all Customs Taxes Cesses Supplies or other Duties Imposed or to be Imposed by Act of Parliament or otherwise for and during the space of twenty one years excepting alwise the whole Duties of Tobacco and Suggar that are not of the Growth of the Plantations of the said Company And farder it is Enacted that the said Company by Commission under their common Seal or otherwise as they shal appoint may make and constitute all and every their Directors Governours and Commanders in Chief and other Officers Civil or Military by Sea or by Land As likewise that the said Company may Inlist Inroll Agree and Retain all such persons Subjects of this Kingdom or others whatsoever as shal be willing and consent to enter in their Service or Pay providing always that they Uplift or Levy none within the Kingdom to be Soldiers without Leave or Warrand first obtained from His Majesty or the Lords of His Privy Council over which Directors Governours Commanders in Chief or other Officers Civil or Military and others whatsoever in their Service and Pay the Company shal have the Power Command and Disposition both by Sea and Land And it is farder Statute That no Officer Civil or Military or other Person whatsoever within this Kingdom shal Impress Entertain Stop or Detain any of the Members Officers Servants or others whatsoever off or belonging to
Kirk-Towns the saids Burghs Villages and Kirk-Towns are necessitate to keep their Weekly-Mercats on the saids Days conform to the special Acts of Parliament made in their Favours And yet many of the saids Burghs Villages and others would most willingly alter and change the saids Mercat Days if they were but impowered and authorized for that effect Therefore His Majesty with the Advice and Consent of the Estates of Parliament Does not only Ratifie and Approve the saids Acts of Parliament made against the keeping of Weekly-Mercats upon Mundays and Saturndays within Royal-Burghs But likewise does declare it leisume and lawful to all Burghs of Regality and Barrony and Villages and Kirk-Towns whose Weekly-Mercats are kept the saids Days to change and alter the same And the saids Burghs Villages and others are hereby Authorized to choise and appoint any other Days of the Week they think fit for the keeping and holding of the saids Weekly-Mercats they always making timous Intimation of the said Change to the next adjacent Burghs and providing they pitch not upon the Mercat-Day of any Burgh-Royal next adjacent or of an other Mercat-Town within four Miles And that this Act be not extended against Fleshers within Royal-Burghs who may keep Mercats of Fleshes in their respective Burghs upon these days this Act notwithstanding XV. ACT For Encouragement of Preachers at Vacant Churches be-north Forth Iuly 5. 1695. OUR SOVERAIGN LORD Considering that there are many Churches vacant upon the North-side of the Water of Forth which cannot be soon legally Planted nor in the interim otherways Supplyed than by the Presbytries in whose Bounds they ly theit Imploying some Preachers who are not Setled in Churches to Preach in the saids Vacant Churches for some time and that the Intertaining of these Preachers out of the first end of the Vacant Stipends of the Paroches to which they Preach during their Service is a most proper Pious Use within the Paroch Therefore His Majesty with Advice and Consent of the Estates of Parliament for Encouraging of the said Preachers swa to be Imployed by the Presbytries Doth hereby Destinat Appoint and Allow out of the first end of the Vacant Stipends of the respective Churches at which they shall Preach by Invitation or Appointment of the respective Presbytries within whose Bounds the samine do ly to every one of the said Preachers Twenty Merks Scots for their Preaching each Lords Day Forenoon and Afternoon in the said Vacant Churches and that whether the saids Preachers be Imployed by the Presbytry to Preach at one Church or at several Churches by Turns within their Bounds Declaring hereby a Testificat under the Presbytries Hands bearing that such a person hath upon their Invitation Preached so many Lords Days at such a Church within their Bounds or at such and such Churches within their Bounds by Turns shall be a sufficient Probation thereof whereupon the saids Preachers shall by vertue of this present Act have Power and Undoubted Right to al 's many Twenty Merks out of the first and readiest of the Vacant stipends of the respective Paroch-Churches as the said Certificats shall bear them to have Preached Lords Days thereat And for preventing the Trouble and Expenses the said Preachers would be put to in recovering Payment of the saids Allowances hereby granted effeiring to their Services if each of them should Pursue for their own part out of the particular Vacant Stipends of the respective Churches at which they shall Preach His Majesty with Advice and Consent foresaid Doth hereby Impower the respective Presbytries within whose Bounds the respective Vacant Churches do ly to grant Commissions to such Persons as they sha'l think fit for uplifting al 's much out of the first end of the Vacant Stipends within their Bounds where the said Preachers shal serve at their Invitation as will Pay and Satisfie the saids Allowances hereby granted to the persons invited by them to Preach thereat Accompting ut supra for each Lords Days service with Power to the said Factors to Uplift and if need be to Pursue for the same before the Judge Ordinary of the Bounds Discharging all Advocations as also Suspensions save upon Consignation and with this Declaration that if at the discussing of the Suspension the Letters shall be found orderly proceeded the wrongous suspender shall be Decerned in a Fifth part more which Factor shall be obliged to Compt to the said Preachers who shall be Imployed by the Presbytries for the said Allowances to be uplifted by them according to the number of Days to be contained in the Presbytries Certificat Likeas His Majesty with Advice and Consent foresaid for Encouragement of the said Factors and Defraying their Expenses Does hereby Allow to every one of the said Factors so to be appointed by the said Presbytries as much as corresponds to a Tenth part of the said Allowances which they are to Uplift further for their own use out of the first end of the said Vacant Stipends and with the benefit of the Provisions above-mentioned XVI ACT Anent the Ease of Annualrents Due by Persons Restored and anent the Creditors Diligence to be Vsed against them Iuly 5. 1695. FOR AS MUCH As by the General Act Rescissory of Fines and Forfaultures in this current Parliament the Consideration of the Ease that was to be given to the persons thereby Restored of the bygone Annualrents due by them and if the same ought to be granted to their Cautioners and what time Diligence should be superseded against them for payment of their principal sums and such Annualrents to which they were to be lyable was Remitted to the Commission of Fines and Forfaultures therein-named that they might Report their Opinion thereof to the Parliament which is not yet done and it being the Interest of the persons restored and their Creditors to have the same now Determined Therefore His Majesty with Advice and Consent of the Estates of Parliament Statutes and Ordains that during the time the persons Restored by this present Parliament were dispossessed of their Estates they and their Cautioners are to be free of the payment of Annualrents unless that the Party Restored either hath recovered all or some part of his Rents from which he was excluded by the Forfaulture in which case the person Restored and not the Cautioner shall be lyable to the payment of the Annualrents during the time of his being disâ—ossest in swa far as he hath recovered the same or otherways that the Party Restored may recover all or some part of the said Rent due during the years that he was dispossest in which case the Party Restored shall have no ease of any by gone Annualrents but upon his Assigning to his Creditors with Warrandice from his own Fact and Deed any Action competent to him for recovering all or any part of the said Rents due during the time of his being dispossest Declaring always that when a Cautioner for a person Restored did actually pay without Collusion before the Revolution
Post-Offices are settled excepting the case aforesaid Certifying all such as do in the contrary that upon Seizure of any such Carrier with the Letters about him or being convicted thereof before any Judge competent he shall be imprisoned six days for ilk fault and fyned in the Sum of six Pounds Scots toties quoties And because it is not onely expedient for His Majesties Government but likeways for the Advancement of the Trade of this Kingdom that a settled Correspondence by Weekly Posts be established with His Majesties Subjects in the Kingdom of Ireland and that the said Kingdom of Ireland will not be at the expense for maintaining the Pacquet Boats for passing to and from this Kingdom Therefore His Majesty with Advice and Consent foresaid Ordains and Appoints the said General-Post-Master or Tacks-man to keep and maintain Pacquet Boats to go Weekly Wind and Weather serving from Port-Patrick in this Kingdom to Donachadee in Ireland to carry and receive all Letters to be sent betwixt this Kingdom and the Kingdom of Ireland and that the expense bestowed on these Pacquet Boats be allowed to the said General-Post-Master or Tacks-man in part of his Intromissions with the profits of the said General-Letter Office or out of the Tack Duty when the same is set in Tack or Farmed not exceeding the sum of sixty Pounds Sterling Money Yearly And His Majesty with Consent foresaid Ordains and Commands all the Sheriffs Stewarts Baillies of Regalities or Royalties Magistrats of Royal Burghs Justices of Peace and all other Judges and Magistrats whatsoever al 's well in Burgh aâ— Landward to concur with and assist the Post-Master-General Tacks-man and their Deputs in the Discharging of his Trust for rendring this Act effectual for the ends above-written and putting the same to all due and lawful execution within their respective bounds And His Majesty with Consent foresaid Statutes and Ordains that no person or persons of whatsoever Degree or Quality presume to stop molest hinder or impede the several Posts al 's well Foot Posts as Horse Posts authorized by or bearing Warrand from the said Post-Master-General Tacks-man or their Successors in Office by night or by day under the pain and penalty of one thousand Pound Scots attour the Reparation of the Damnages to any Party lesed thereby far less to detain rob or take away any Pacquets under the pains contained in the Acts of Parliament And His Majesty with Consent foresaid Ordains and Appoints the said Post-Master-General Tacks-man and his said Deputs and their Successors in their several Offices to take the Oath of Allegiance and subscribe the same with the Assurance appointed to be taken by all persons in publick Trust by the third Act of the third Session of this current Parliament And His Majesty with Consent foresaid Ordains General Letters to be directed at the Instance of the said General-Post-Master or Tacks-man and their Successors in Office against their several Deputs for the Tack-Duties of their respective Offices as is allowed for In-bringing any part of His Majesties Revenue And Lastly the Lords of His Majesties Privy Council are hereby Authorized and Impowered to take care that particular Post-Offices be established over all the Kingdom at places most convenient and the times of parting of Posts with Letters and of their running be duly settled and published And generally that this Act be punctually observed and execute and do all other things to make the same effectual for the true end and intent thereof And Ordains this present Act to be Published and Printed that none may pretend ignorance XXI Explanatory Act anent the Excise of Brandy Iuly 5. 1695 FORASMUCH AS many Actions have been Commenced and Pursued before the Lords Commissioners of Thesaury and Exchequer to the great Vexation and Expense of the Leidges anent the Meaning of the Act of Parliament first of December 1673 Intituled Act concerning the Importation and Excise of Brandy by which Act six Shilling Scots are imposed upon each Pint to be payed by the Retailers in small 's and under pretence of the word Retailers in the said Act the Sub-taxmen and Collectors have forced the Leidges to pay for the same two or three times and the Merchants Importers have been likewise charged therefore notwitstanding that by the said Act Retailers are onely lyable For remeid of which OUR SOVERAIGN LORD with Consent of the Estates of Parliament does hereby Declare that the six Shilling upon the Pint of Brandy shall hereafter be payable onely by Toppers and Retailers in small 's who sell Brandy by Pints Gills and lesser Quantities than Pints in Taverns Shops Cellars and the like where the same is immediatly consumed and by no others notwithstanding of any former Practice in the contrair XXII ACT Against Intruding into Churches without a Legal Call and Admission thereto Iuly 5. 1695. OUR SOVERAIGN LORD Considering that Ministers and Preachers their Intruding themselves into vacant Churches Possessing of Manses and Benefices and Exercing any part of the Ministerial Function in Paroches without a Legal Call and Admission to the saids Churches is an high Contempt of the Law and of a dangerous Consequence tending to perpetuat Schism Therefore His Majesty with Advice and Consent of the Estates of Parliament Statutes and Declares that whoever hereafter shall intrude themselves into any Church or shall Possess Manse or Benefice or shall Exercise any part of the Ministerial Function within any Paroch without an orderly Call from the Heretors and Eldership and Legal Admission from the Presbytry within whose bounds it lies shall be incapable of enjoying any Church or Stipend or Benefice within this Kingdom for the space of seven years after their Removeal from the Church and quiting Possession of the Stipend and Benefice into which they intruded Likeas His Majesty with Advice and Consent foresaid does hereby remit the Execution of this present Act to Sheriffs Stewarts Baillies of Bailliaries and Regalities and their Deputs and to Magistrats of Burrows Royal who are hereby Authorized and Required to remove and declare incapable ut supra all these who shall hereafter intrude into Churches within their respective Jurisdictions upon Complaint from the Presbytry or any person having Warrand from the Presbytry within whose bounds the saids Intrusions shall happen to be made hereafter and that upon Citation of ten days Ordaining hereby Letters of Horning and Caption to be direct in communi forma upon Decreets to be given by the saids inferior Judges for compelling the saids Intruders to remove from the saids Churches and Manses and to quite Possession of the saids Stipends and Benefices and to desist and cease from Exercing any Ministerial Acts within the saids Paroches into which they shall hereafter intrude Likeas His Majesty doeth hereby Recommend to the Lords of His Majesties Privy Council to remove all these who have already since the Establishment of this present Church Government intruded into Vacant Churches without an orderly Call from the Heretors and Eldership of
And the appearand Heir entering by Inventary in manner foresaid is hereby declared to be only lyable to his Predecessors Debts and Deeds secundum vires Inventarii and in as far as the value of the Heritage given up in Inventary will extend and no farther Providing always Likeas it is hereby specially provided that if the aforesaid appearand Heir shal have any intromission with the Defuncts Heretable Estate or any part thereof otherways than necessary intromission for Custody and Preservation before his giving in recording and extracting of the said Inventary in manner foresaid or if he shal fraudfully omit any thing out of the said Inventary that is which yet he shal be found to have intrometted with or possessed then and in either of these Cases he shal lose the benefit of the Inventary and be universally lyable as if entered Heir without Inventary And farder that if any part of the said Heretable Estate shal be without fraud omitted to be given up by him in the foresaid Inventary and shal not in the mean time be affected by the diligence of a lawful Creditor he shal have Liberty so soon as he comes to the knowledge thereof and within fourty days thereafter to make an Eik of the same to the said Inventary which Eik is to be made and subscribed given in and recorded in the same manner with the Principal Inventary above-mentioned And lastly it is hereby declared that appearand Heirs if they please may enter without Inventary as formerly in all points and that whether they enter with or without Inventary they are still to enter by Service and Retour or by Precepts of Clare constat in manner formerly accustomed XXV ACT anent the Repetition of Fines Iuly 10. 1695. OUR SOVERAIGN LORD considering that by the Eighteenth Act of the Second Session of this current Parliament Intituled Act Rescinding the Forefaultures and Fines past since the Year One thousand six hundred sixty five All Fines then unpayed which were imposed by Sentences from the first day of Ianuary One thousand six hundred sixty five to the fifth of November One thousand six hundred eighty eight upon any person or persons for Church Irregularities or Non-conformities or refusing of Publick Bonds Subscriptions or Oaths or for not obeying Acts Proclamations and Orders thereanent Resetting or Conversing with Rebels for the Causes foresaid refusing to depone in Lybels against themselves in Capital Cases albeit restricted to an Arbitrary Punishment with all Hornings Denunciations and Intercommunings given pronounced and issued furth in Parliament or by an other Court or Commission against any Persons for the saids Causes are expresly discharged And further that by the foresaid Act it was remitted to the Commission appointed for Fines and Forefaulters to consider the Grounds of repetition of such of the said Fines as were payed to Donators or others having Right from them and other privat Parties And also considering that the said Commission hath given no Decision or Determination upon the foresaid Remit whereby the Parties lesed who made payment of the said Fines in manner foresaid to Donators and others have as yet received no redress Therefore His Majesty with Advice and Consent of the Estates of Parliament Doth Statute and Declare That where Fines were imposed by Sentences from the first of Ianuary One thousand six hundred sixty fives to the fifth of November One thousand six hundred eighty eight upon any Person for Church Irregularities and Non-conformities or refusing of publick Bonds Subscriptions and Oaths for not obeying Acts Proclamations and Orders thereanent Resetting of or Conversing with Rebells for the Causes foresaid refusing to depon upon Lybells against themselves in Capital Cases albeit restricted to an Arbitrary Punishment and that the Persons so fined have made payment of the hail of the said Fines or any part thereof to Donators or others that it shal be leasom for them to pursue the said Donators or others for repetition and who are hereby declared lyable to refound what they have received together with the Annualrent thereof since Martimass One thousand six hundred eighty eight And furder His Majesty and the Estates of Parliament having considered the Act made in the year One thousand six hundred and ninety Rescinding Fines and Forefaulters and that thereby the forefaulted Persons are restored to their Lands Rents and Possessions and the Composition made by them or others in their Name ordained to be repayed by the Donators or others and seing it is just that the Annualrents of the said Compositions since the date of the foresaid Act be likewise payed Therefore His Majesty with Advice and Consent foresaid Statutes and Ordains that Annualrent from the Date of the said Act be repayed with the Compositions themselves excepting always furth and frae this Act all Fines imposed by Mr. Iohn Meinzies Advocat while Sheriff-Deput of Lanerk in regard it is notorly known he fined not for any advantage to himself but for prevention of rigorous Execution from others and remits all Causes for repetition of Fines depending before the Parliament or Commission to be discussed by the Lords of Session summarily without abiding the course of the Roll. And it is furder declared that where any Person forefaulted and restored as above shal be found to be postponed in diligence either for his Payment as a Creditor or his Relief as a Cautioner by reason of his forefaulture he shal now after his Restitution be in the same Case for preference as if he had done all Diligence possible for him if not forefaulted XXVI ACT Discharging Popish Persons to prejudge their Protestant Heirs in Succession Iuly 11. 1695. OUR SOVERAIGN LORD understanding that Parents and others of the Popish Religion and that are so affected Do restrain and overawe their Children and appearand Heirs so as they cannot though convinced in their Consciences by the Light of the Truth abandon the Popish Errors and Superstitions of their said Parents for fear that they may be by them dis-inherited and deprived of any Benefit of Succession that they may have by their said Parents and others foresaid Do therefore and for Remeid thereof Statute and Ordain with Advice and Consent of the Estates of Parliament that it shal not be leisom nor in the power of any profest or known Papist to make any Gratuitous Deed or Disposition in prejudice of their appearand Heirs and the Benefit they may have by their Succession to and in Favours of any other Person or Persons whatsomever Declaring Likeas it is hereby declared that no such Disposition or Deed shal be of any force but shal be judged to be gratuitous unless that both the Person granter and the Writer and Witnesses in the Deed shal declare upon Oath and also qualify satisfyingly before the Judge Ordinary of the Bonds that the foresaid Disposition and Deed was made and granted for true onerous and adequat Causes or otherways that the same shal be null and void in manner above-Statute XXVII ACT Concerning the
Church Iuly 16. 1695. OUR SOVERAIGN LORD Being sensible of the Hurt and Mischief that may Ensue upon the exposing of the Peoples Minds to the Influence of such Ministers who refuse to give the Proofs required by Law of their Good Affection to the Government And withal desirous that in the first place all gentle and easie Methods should be used to reclaim men to their Duty whereby the present Establishment of this Church may be more happily preserved the knowledge of the Truth with the practice of true Piety more successfully advanced and the peace and quiet of the Kingdom more effectually settled Hath thought good to allow and with Advice and Consent of the Estates of Parliament hereby allowes to all Ministers that were at the time of His Majesties happy Accession to the Crown and have since continued actual Ministers in particular Paroches and no Sentence either of Deposition or Deprivation past against them and have not yet Qualified themselves conform to the Act of Parliament 1693 Intituled Act for taking the Oath of Allegiance and the Assurance a new and farther day viz. the first of September in this present year 1695 to come in and take the said Oath of Allegiance and to subscribe the same with the Assurance betwixt and the said day and that either before the Sheriff or Sheriff-Deput of the Shires or the Provost or Baillies of the respective Burghs or any other Inferior Magistrat of the bounds where they live or before any Privy Counsellor with a Certificat under the hand of the said Inferior Judges or Privy Counsellor to be reported to the Lords of His Majesties Privy Council or their Clerk within the space of twenty one days after the date of the said Certificat Declaring that all such as shal duely come in and qualify themselves as said is and shal behave themselves worthily in Doctrine Life and Conversation as becomes Ministers of the Gospel shall have and enjoy His Majesties Protection as to their respective Kirks and Benefices or Stipends they always containing themselves within the Limits of their Pastoral Charge within their said Paroches without offering to Exerce any power either of Licensing or Ordaining Ministers or any part of Government in General Assemblies Synods or Presbytries unless they be first duely assumed by a competent Church Judicatory in which Case it is hereby farder Declared that the foresaid Ministers first qualifying themselves as above may be assumed by the respective Church Judicatories to which they belong and shall apply to partake with them in the present Established Government thereof Providing nevertheless that as the said Ministers who shal qualifie themselves as said is are left free to apply or not to the foresaid Church Judicatories So the said Church Judicatores are hereby also Declared free to assume or not assume the foresaids Ministers though qualified as they shall see cause WITH CERTIFICATION that such of the said Ministers as shall not come in betwixt and the said day are hereby and by the force of this present Act ipso facto Depriof their respective Kirks and Stipends and the same Declared vacant without any further Sentence And His Majesty being purposed that His Grace shall be still patent to all doeth further Declare and Statute with Consent foresaid that at what time soever any Minister either settled in a Church or not shall upon application be judged fit to be assumed by any competent Church Judicatory as said is the foresaid Minister upon a Certificat thereof from the said Judicatory shall be admitted and allowed to qualify himself by taking the Oath of Allegiance and subscribing the same with the Assurance in manner foresaid albeit the said first of September be past and elapsed And His Majesty with Consent foresaid Allows Declares and Statutes as above any thing in the foresaid Act 1693 or in the other Act of the same Session of Parliament Intituled Act for Settling the Quiet and Peace of the Church notwithstanding And His Majesty with Consent foresaid for the greater encouragement of all Ministers of the Gospel not only ratifies the Act of Parliament 1669 forbidding all Suspensions of special Decreets and Charges for Ministers Stipends or the Rents of their Benefices except on production of Discarges or upon Consignation in manner therein provided But further Statutes and Ordains that there be no Advocation or Sist of Process granted of Actions for the said Stipends or Rents of Benefices when pursued before Inferior Judges and that in the case of a Decreet there be neither Suspension nor Sist of Execution granted except on production of clear Discharges or Consignation as said is and if any Suspension be past that the same be summerly discussed at the Instance of the Charger without abiding the Order and Course of the Roll And that if the Letters be found orderly proceeded the Suspender be also Decerned at least in a fifth part more than the Sums charged for with what more the Lords shall judge reasonable to be payed to the Charger for his Expense and Damnage and if any Minister shall happen to pursue for his Stipend by way of ordinary Action before the Lords it is hereby farther Ordained that the same be summarly proceeded in and discussed without abiding the Course of the Roll. And Lastly for a more ample Declaration of an Act made in this Session of Parliament for encouraging of Preachers at Vacant Churches be North Forth His Majesty with Consent foresaid extends the same not only to Preachers who are not settled in Churches but also to such Ministers who though settled in Churches are yet sent from time to time from any Presbytry or Synod of this Church without their own Presbytry to supply the said Vacancies to the effect that the said Ministers settled as well as the said Preachers not settled may equally have the benefit of the said Act in the terms thereof XXVIII ACT For the Additional and Annexed Excises Iuly 16. 1695. THE Estates of Parliament taking to their Consideration that for the Maintaining of the present standing Forces and the necessary Defence of the Kingdom and Coasts thereof against the Dangers that continue to threaten from the present War an Additional Fond to the Supplies already given in this present Session of Parliament is requisit Do therefore for the said Fond and over and above the Excise of two merks upon the Boll of Malt and the Excises on strong Waters and Brandy and Forreign Beer annexed to the Crown heartily offer to His Majesty an Additional Excise of two pennies upon the Pint of Ale and Beer browen to be vended and sold As also of two shilling upon each Pint of Aquavitae and strong Waters brown or made of Malt to be vended and sold within the Kingdom And likewise an Additional Excise of two shilling upon each Pint of Aquavitae and strong Waters brown not made of Malt excepting what is made of Wine and that during the space of twelve Moneths commencing from the first day of September
next And His Majesty and Estates of Parliament considering the Advantages of a greater Consumption and better Liquor arising both to the Heretors Brewers and the whole Leidges of the Kingdom by laying all Excises upon the Liquor and not upon the Malt as also the manifest conveniency that the said Annexed Excise formerly on the Malt be converted upon the Liquor that both these Excises may be uniformly raised and uplifted with less Charges and Expenses with which Reasons and the Truth thereof after mature Deliberation the Estates of Parliament are satisfied and fully convinced that His Majesty getting an Equivalent the same are just and important concerning both His Majesties Interest and the publick Good and Welfare of this Kingdom Therefore His Majesty with consent of the said Estates hath dissolved and hereby dissolves the foresaid Annexed Excise of two Merks upon the Boll of Malt from the Crown and Patrimony thereof Rescinding likeas His Majesty hereby rescinds the Act of Parliament 1685 giving and annexing the foresaid Excise of two Merks upon the Boll of Malt to the Crown in so far as it gives and annexes the same allannerly and no farder Together with all Tacks Contracts or Commissions made or granted of or concerning the foresaid annexed Excise hereby Dissolved and taken away Declaring the said Tacks Sub-tacks Contracts and Commissions to be fallen therewith in Consequentiam after the first day of September aftermentioned In place of the which annexed Excise and as an Equivalent in Lieu thereof the Estates of Parliament for the usefulness of this Grant to support the Interest of the Crown do humbly and unanimously offer to His Majesty over and above the foresaid two pennies and other additional Excises abovementioned an Excise of three pennies more upon the Pint of all Ale and Beer browen to be vended and sold as said is As also of three shilling more upon ilk Pint of Aquaviae or strong Waters not made of Malt browen and sold within this Kingdom six shilling upon ilk Pint of Forraign Aquavitae Brandy or strong Waters and thirty shilling upon ilk Barrel of imported Forreign drinking Beer and this Excise hereby given in Lieu of the foresaid annexed Excise of two Merks upon the Boll of Malt and Ordained to commence from the foresaid first day of September His Majesty and the Estates of Parliament by the force of this present Act have United and Annexed and Unites and Annexes the same to the Crown of this Realm to remain therewith as annexed Property in all time coming And His Majesty with Advice and Consent foresaid do appoint the payment of the said Two Excises unannexed and annexed extending to five pennies upon the Pint so long as they shal Concur to be as follows viz. For the first two Moneths upon the first day of November next to come and thereafter quarterly and proportionally so long as they shal concur and stand together and thereafter the foresaid new annexed Excise to be payed at such Terms as His Majesty and Successor shal please to appoint And for making of the said two Excises effectual for their respective Endurances His Majesty with Consent foresaid doth Impose and Ordain the foresaid two Excises upon Ale and Beer to be raised and uplifted from all Brewers of the said Liquors brown and made to be vended and sold as said is and the said Excises upon Aquavitae and strong Waters to be raised and uplifted from all Retailers thereof And for the raising and inbringing of the said Excise His Majesty and the Estates of Parliament do hereby Appoint and Authorize the Commissioners of the new Supply appointed in another Act of this present Session of Parliament to be the Commissioners of the Excise during the respective Endurances of the said two Excises for the several Shires for the end foresaid and the Royal Burghs to have the same number of Commissioners as was appointed by the fourteenth Act of the Parliament 1661 impowering them fully for that effect conform to the Rules and Orders formerly Enacted for raising and inbringing the former annexed Excise upon Malt As also to set down and cause observe such other Rules as they shal judge necessary agreeable always to the Acts of Parliament already made about the foresaid Excise And that the said Excises on Liquor may arise more equally it is hereby Statute That during the Concurrence of the said two Excises the lowest Price of Ale or drinking Beer to be brewed and vented and sold for hereafter shal in all Burghs where the Burgh hath an particular Imposition on Malt or Liquors be twenty eight pennies for the Pint to be payed by the Buyer to the Ventner or Tapster and in all other Places both to Burgh or Landward two shilling the Pint with Certification that the Ventner transgressing by selling under the said Rates shal be fined by the said Commissioners in the Sum often pound Scots at the instance of any other Brewer or other Complainer toties quoties to be applyed by the saids Commissioners for Pious and Publick Uses within their respective Shires and further be either put under sufficient surety to observe this Rule for hereafter or if he cannot find surety discharged to brew in time coming at the fight of the saids Commissioners And further His Majesty with Advice and Consent foresaid doth hereby Declare and Enact that if any Brewer in use to brew for sale and Change shal give over brewing after the date of this Act without an Allowance in writing from the Commissioners of Excise for good and seen Causes the said Brewer shal not be permitted to brew for Change for the space of five years thereafter but shal be and is hereby Discharged and rendered uncapable to do the same As likewise it is hereby Statute and Ordained that no person whatsoever who have not been in use to brew for the service of themselves and their Family in time by past shal presume to brew after the first day of September next to come for their own and their Families use and if they contraveen that they shal be lyable in payment of the value of what they shal brew And his Majesty with consent foresaid doth Ordain the said Commissioners to meet the first Tuesday of September next at the Head Burgh of every Shire respective and afterwards upon the first Tuesday of ilk Moneth where they shal appoint And it is hereby specially provided that if either Collector or Farmer shal presume to raise or Levie the said Excise upon the Malt or otherwise than upon the Liquor he shal incurr the pain of an 100 Merks toties quoties to be decerned and exacted by the said Commissioners or by the Lords of Privy Council in case the saids Commissioners shal overlook the same as also that the Brewer assenting thereto or complice therein shal incurr the pain of fifty Merks and also amitt and lose the Liberty of brewing which Fines are also hereby appointed to be applyed ut supra And it is hereby
Declared that if any Tacks-man or Collector or other Person shal exact any thing over and above his Excise for the Discharges thereof or for the Discharge of any other publick Dues whatsoever it shal be repute as Oppression and punished accordingly by the said Commissioners who are hereby impowered to proceed against the persons guilty And His Majesty with Advice and Consent foresaid do Authorize and Impower the Lords of Privy Council to prescribe such other Methods and Orders as they shal judge necessary for making this Act effectual XXIX ACT For Continuing the Additional Excise till March 1697 with Three Months farder Cess Iuly 16. 1695. THE ESTATES OF PARLIAMENT Taking to their further Consideration the present State of the Kingdom and publick Exigencies thereof Have thought fit to Offer and do hereby Humbly Heartily Offer to His Majesty that the Additional Excise of Two Pennies upon the Pint of Ale and Bear and other Liquors Imposed for an Year beginning the first of September next by an Act of this Session of Parliament be Continued from and after the expiring of the said Year until the first of March 1697. And sicklike the Sum of Two Hundred and Sixteen Thousand Pound being Three Months Cess upon the Land-rent of this Kingdom payable at the Term of Lambmas 1696 years and that over and above the Six Months Cess already granted by another Act of this Session of Parliament And accordingly His Majesty with Advice and Consent of the said Estates Statutes and Ordains That the said Additional Excise hereby Continued as said is and the said Three Months Cess payable at Lambmas 1696 granted by this present Act shall be raised uplisted and ingathered from the persons lyable in payment in manner and for the ends appointed by the saids two respective Acts above-mentioned XXX ACT For Preservation of Meadows Lands and Pasturages lying adjacent to Sand-Hills Iuly 16. 1695. OUR SOVERAIGN LORD Considering that many Lands Meadows and Pasturages lying on the Sea-coasts have been ruined and overspread in many places of this Kingdom by Sand driven from adjacent Sand-hills the which has been mainly occasioned by the pulling up by the Root of Bent Juniper and Broom-Bushes which did loose and break the Surface and Scroof of the saids Hills and particularly Considering that the Barony of Cowbin and House and Yards thereof lying within the Sheriffdom of Elgin is quite ruined and overspread with Sand the which was occasioned by the foresaid bad practice of pulling the Bent and Juniper Therefore His Majesty with Advice and Consent of the Estates of Parliament for preventing of the like Prejudices in time coming Does strictly Prohibite and Discharge the pulling of Bent Broom or Juniper off Sand-hills for hereafter either by the Proprietors themselves or any other whatsomever the same being the natural Fences of the adjacent Countries to the saids Hills Certifying such as shall Contraveen this Act they shall not only be lyable to the Dammages that shall there-through inshew but shall likeways be lyable in the Sum of Ten Pounds of Penalty the one half thereof to belong to the Informer and the other half to the Judge within whose Jurisdiction the said Contravention shall be committed XXXI ACT For turning the Tack of the Pole 1693 into a Collection Iuly 16. 1695. OUR SOVERAIGN LORD Considering that albeit the Pole granted by Act of Parliament in the year 1693 was Set by the Lords of Thesaury and Exchequer to the Lord Ross Sir Iohn Cochran of Ochiltrie and others mentioned in the Tack thereof for the Sum of Fourty four thousand one hundred Pounds Sterling of Tack-Duty as the Tack in it self bears Yet the Levying of Money by Pole being new and the Countrey and others concerned not observing the Rules and Ordinances contained in the Act of Parliament thereanent but through their Failzying incurring the Quadruples appointed by the said Act by way of Penaltie the foresaids Tacks-men were not able to pay the foresaid Dutie unless they had been allowed to exact the foresaid Quadruples which had visibly tended to the great oppression and disturbance of the whole Kingdom THEREFORE and in so singular a Case which His Majesty is resolved shal never be drawn into Example His Majesty with the Advice and Consent of the Estates of Parliament hath Liberated and hereby Liberates the foresaid Tacks-men and all others concerned therein from the said Tack and Tack dutie Discharging and Exonoring them of the Samen but with this Condition and Provision Likeas His Majesty with Advice foresaid hereby Statutes and Provides That the foresaid Tacks-men shal make just Compt and Reckoning of all their Intromissions with the said Pole-money Sicklike as if they had only been Collectors and instead of the said Tack had got a Commission allanerly for that Effect with and under always the Particular Conditions following First that the said Tacksmen be Lyable for all the Sub-Collectors and Managers Imployed by them Secondly that all their Books be made Patent and Examined And that the Tacks-men and their Sub-Collectors be examined upon Oath as to the verity thereof and whether there be any thing Omitted Thirdly that in case it be found there was any thing Received from the Countrey not given up in the Books That the Tacks-men or their Sub-Collectors be lyable in Twenty Shilling for each Shilling so Omitted Fourthly that the Rolls of the Poleable persons taken up by the several Justices of Peace Magistrats of Burghs and others be produced to be compared with the Books Fifthly That a few Comptrollers be appointed to examine Books and Accompts and adjust the whole Matter and that the Leidges be Invited Encouraged to Comptroll the said Accompts and that they be patent at a publick Office for a reasonable time to all the Leidges for that end Sixthly that the Order of Payment viz. of the Countrey in the First place and then of the Forces as Prescribed by Act of Parliament be duely and strictly observed by the Commission after-mentioned Seventhly that upon Accompts Instructed and Liquidat in due manner Retention be allowed by the commission to those to whom the said Accompts are due in the Terms of the Act of Parliament Eightly that where any Sub-tack hath been Set by the said Tacks-men the Sub-tacksmen have in their Option either to pay the Sub-tack-duty or make Compt Reckoning and Payment of their Intromission as Sub-collectors Ninthly that no Sallaries be allowed or given to the said Tacks-men or their Sub-tacks-men for their Collecting And to the Ef-fect the said Compt and Reckoning may proceed His Majesty with Advice and Consent foresaid Hereby Nominats and Appoints the Duke of Queensberry the Earls of Linlithgow and Levin Sir Iohn Lauder of Hattoun the Laird of Livingstoun the Laird of Torwoodlie Sir William Hamilton Sir Archibald Mure and William Menzies Commissioners three of every State Chosen by the Parliament for that Effect whereof any five to be a quorum to meet at Edinburgh the first Lawful day after the Riseing
of this Session of Parliament and thereafter at such days as the said Commission shall Appoint Likeas one of the Commissioners of His Majesties Theasury is Allowed to be Present with Right to Vote But so as his Presence shall not be necessary to make up the foresaid quorum with Power to the said Commissioners to take in the Accompts of the said Tacks-men their Intromission as if they had been Collectors and to make them Accompt for their Collection in manner and under the Conditions Above set down And to Determine all Differences betwixt the said Tacks-men and the Countrey and the Officers and Souldiers anent the Premisses As also with Power to the saids Commissioners to do every thing necessary for Inbringing of what is yet resting unpayed of the said Pole by the Countrey and for making the same effectual and also to Decide and finally Determine all Questions that may arise concerning the Preferrence of the Officers of the Army Interested or their being brought in equality to get their Shares of Payment out of the Subject of the said Pole as likeways with Power to them to allow or not to allow Expenses for Inbringing the said Pole to the said Tacksmen and their Subtacksmen now turned to Collectors and Sub-collectors as they shal see Cause And generally to do all other things anent the Premisses that they may bring the foresaid Tacksmen their Intromission and Collection to a clear State and Ballance and also for In-gathering what shal be found Resting of the said Pole-money either in the hands of the said Tacksmen or in the hands of any other Person lyable therein and cause pay in the same to His Majesties General-Receiver of the Crown Rents providing that the said Commissioners use the same and no other Method or Diligence for Ingathering than what is Prescribed for In-gathering of the New Pole The Quadruples in the Act anent the Pole 1693 being hereby Expresly Discharged and farder with Power to apply the whole neat Product thereof by Precepts on the said General-Receiver Conform to the Destination contained in the Act of Parliament and in the Order and under the Certification therein specified And it is hereby farder Declared that for what shal be still found Resting by the said Tacks-men after Just Compt and Reckoning their Cautioners for the foresaid Tack-dutie shal be lyable therefore notwithstanding that the foresaid Tack be hereby Disolved and turned to a Commission or Collection as said is and it is farder hereby provided that the Commissioners above-named shal be and are hereby Appointed to be Commissioners for Calling for Examining and Concluding the Accompts of the three Months Cess viz. And of the Hearth-money Imposed in the year 1690 with Power to them to call all Collectors Intromettors and other Persons concerned in so far as they have not Compted to and got Discharges from the Lords of Thesaurie and make them Compt Reckon and Pay as accords and farder to take such Methods as they shal think fit to uplift and bring in the Rests of the said Hearth-money yet Resting by the Countrey according to the Orders and Proclamations already given and Emitted in that Matter and to Appoint Collectors for that End or Farm the same as they shal think fit and Generally to do all other things necessary for the full and final Clearing of the said three Months Cess and Heart-money and farder the said Commissioners are hereby Impowered to put the whole of the said Pole-money hereby Ordered to be Compted for to a Roup and Assign and ajudge the same to the highest Offerer with this provision that it shal not be Rouped for less than Thirty thousand Pound Sterling and that the said highest Offerer have the whole Powers hereby given to the said Commission for In-gathering thereof and this Power is also extended to the Rouping of the Rests of the said Hearth-money as they shal see Cause And lastly it is hereby Declared that if any of the saids Commissioners shal happen to Depart this Life His Majestie shal have the Naming and Appointing of one in his place out of the same state to whom the Person Deceasand belonged XXXII ACT For Encouraging the Exportation of Victual Iuly 17. 1695. HIS MAJESTY AND ESTATES OF PARLIAMENT Considering That the Grains of all sorts are the greatest Product and Commodity of this Nation and Considering how necessary it is for the Promoving of Tilladge and Improvement of Trade to the best Advantage of the Kingdom that an effectual Encouragment be granted for Exportation of Corns and Victual furth thereof Therefore His Majesty out of his Royal Bounty with Consent of the Estates of Parliament Statute and Ordain that all sorts of Grains exported out of the Kingdom after Martinmas 1696 shall be free of any Dues formerly payable for Exportation and that for encouraging Export after the said Term there shall be given out of the Customs to the Exporter upon his Oath of Verity of the number of the Bolls exported Subscribed with his Hand and Attested by the Collector of the next adjacent Custom-house Eight Merks for ilk Chalder of Grain that shall be exported by Sea or Land when they shall not exceed the Prices following viz. when Wheat is at or under Twelve Pound the Boll Bear Barley and Malt at or under Eight Pound per Boll Pease Oats and Meal at or under Six Pounds per Boll all the saids Grains being of Linlithgow Measure With this Provision always that the said Exportation shall be by Scots Men or in Scots Ships and that the Master and Three Fourth Parts of the Seamen of the said ships shall be Scots Men As also with this Provision that when the Grains exceed the foresaids Rates the Lords of His Majesties Secret Council may Discharge the Exportation of Victual of all sorts ay and till the Grains fall to the Prices foresaid XXXIII ACT For the Levies Iuly 17. 1695. THE ESTATES OF PARLIAMENT Considering how necessary it is that during this present War which so much concerns the Defence and Security of the Protestant Religion and of His Majesties Kingdoms certain Rules and Orders should be laid down for Recruits and Levies as they shall be found needful whereby both the Kingdom may be delivered from the frequent Disorders and Oppressions of pulling away poor Men from their Wives and Children that cannot subsist without their Handy-Labour and the Engaging and Seising of other unfit men no ways proper for the Service which hitherto hath been found a most sensible Grievance and whereby also His Majesties Service for the Maintaining and Carrying on of the said War may be more effectually Promoted And the said Estates taking likeways into their Consideration that all Heretors and the superior sort of His Majesties Leidges do really Contribute to the foresaid War by their paying of Supplies Pole-money and Excise and other publick Burdens whereby it seems most reasonable that the inferior sort that Contribute little or nothing specially such who are young Men without Wives